Booth Newspapers, Inc v. University of Michigan Board of Regents

Because I find the application of the Open Meetings Act1 and the Freedom of Information Act2 to governing boards of public universities during the selection of university presidents violates the autonomy vested in the boards by the Michigan Constitution and warrants review by this Court, I respectfully dissent.

i

The majority refuses to examine the clear constitutional issue presented in the instant case because defendant did not raise the issue until appeal. The majority correctly notes that "[i]ssues raised for the first time on appeal are not ordinarily subject to review.” Ante at 234.…