proposed new doctrine in Michigan

2006This proposed change from MCR 2.003(B)(6) would affect the outcome of cases such as Adair, supra, in which the plaintiff requested the disqualification of Chief Justice Taylor and Justice Markman. 40 The proposed new rule would preclude challenges such as the one made in Adair unless a justice’s spouse is the “lawyer of record” in the case. (11) Should the time limit for filing a motion for disqualification be shortened to 14 days after the grounds for disqualification should have been discovered?

1997See, e.g., Sweeney v Sweeney, 402 Mich 234 ; 262 NW2d 625 (1978); Shaheen v Schoenberger, 92 Mich App 491 ; 285 NW2d 343 (1979); Branyan v Alpena Flying Service, Inc, 65 Mich App 1 ; 236 NW2d 739 (1975).

1997See, e.g., Sweeney v Sweeney, 402 Mich 234 ; 262 NW2d 625 (1978); Shaheen v Schoenberger, 92 Mich App 491 ; 285 NW2d 343 (1979); Branyan v Alpena Flying Service, Inc, 65 Mich App 1 ; 236 NW2d 739 (1975).

1997See, e.g., Sweeney v Sweeney, 402 Mich 234 ; 262 NW2d 625 (1978); Shaheen v Schoenberger, 92 Mich App 491 ; 285 NW2d 343 (1979); Branyan v Alpena Flying Service, Inc, 65 Mich App 1 ; 236 NW2d 739 (1975).

1997See, e.g., Sweeney v Sweeney, 402 Mich 234 ; 262 NW2d 625 (1978); Shaheen v Schoenberger, 92 Mich App 491 ; 285 NW2d 343 (1979); Branyan v Alpena Flying Service, Inc, 65 Mich App 1 ; 236 NW2d 739 (1975).

1997In adhering to the doctrine of lex loci delicti, the Court asserted that the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast—and occasionally unjust, it is true— rule that the law of the place of the wrong is applied when the forum is a Michigan court. [ Id. at 516 , 170 N.W.2d 137 .] Despite adherence to the traditional rule, Michigan courts continued to employ various "escape devices" in order to mitigate harsh consequences.

1997In adhering to the doctrine of lex loci delicti, the Court asserted that the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast—and occasionally unjust, it is true— rule that the law of the place of the wrong is applied when the forum is a Michigan court. [ Id. at 516 , 170 N.W.2d 137 .] Despite adherence to the traditional rule, Michigan courts continued to employ various "escape devices" in order to mitigate harsh consequences.

1996In the plain view cases, where the absence of any object obstructing the view of the officer generally means that nothing stands between the officer and the object to be seized, it will generally be true that "[t]he seizure of an item whose identity is already known occasions no further invasion of privacy." 508 U.S. at 377 , 113 S.Ct. at 2138 .

1996In the plain view cases, where the absence of any object obstructing the view of the officer generally means that nothing stands between the officer and the object to be seized, it will generally be true that "[t]he seizure of an item whose identity is already known occasions no further invasion of privacy." 508 U.S. at 377 , 113 S.Ct. at 2138 .

1985Thirteen years later, however, in Sexton v Ryder Truck Rental, Inc, 413 Mich 406 ; 320 NW2d 843 (1982), the Court re-examined the question of whether adherence to lex loci delicti should continue.

1985Thirteen years later, however, in Sexton v Ryder Truck Rental, Inc, 413 Mich 406 ; 320 NW2d 843 (1982), the Court re-examined the question of whether adherence to lex loci delicti should continue.

1969There is no such persuasion, since the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast — and occasionally unjust, it is true — rule that the law of the place of the wrong is applied when the forum is a Michigan court. 3 We start out guided by “the wise policy” about which Mr. Justice Brandéis wrote eloquently when, dissenting in Burnet v. Coronado Oil & Gas Com *517 pany (1932), 285 US 393 ( 52 S Ct 443 , 76 L Ed 815 ), lie stood for overruling Gillespie v. Oklahoma (1922), 257 US 5

1969There is no such persuasion, since the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast — and occasionally unjust, it is true — rule that the law of the place of the wrong is applied when the forum is a Michigan court. 3 We start out guided by “the wise policy” about which Mr. Justice Brandéis wrote eloquently when, dissenting in Burnet v. Coronado Oil & Gas Com *517 pany (1932), 285 US 393 ( 52 S Ct 443 , 76 L Ed 815 ), lie stood for overruling Gillespie v. Oklahoma (1922), 257 US 5

1969There is no such persuasion, since the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast — and occasionally unjust, it is true — rule that the law of the place of the wrong is applied when the forum is a Michigan court. 3 We start out guided by “the wise policy” about which Mr. Justice Brandéis wrote eloquently when, dissenting in Burnet v. Coronado Oil & Gas Com *517 pany (1932), 285 US 393 ( 52 S Ct 443 , 76 L Ed 815 ), lie stood for overruling Gillespie v. Oklahoma (1922), 257 US 5

1969There is no such persuasion, since the quagmire of unanswered and perceivably unanswerable questions arising out of the proposed new doctrine appears less attractive than our admittedly hard and fast — and occasionally unjust, it is true — rule that the law of the place of the wrong is applied when the forum is a Michigan court. 3 We start out guided by “the wise policy” about which Mr. Justice Brandéis wrote eloquently when, dissenting in Burnet v. Coronado Oil & Gas Com *517 pany (1932), 285 US 393 ( 52 S Ct 443 , 76 L Ed 815 ), lie stood for overruling Gillespie v. Oklahoma (1922), 257 US 5