Richard D. McLellan
Encyclopedia
Richard D. McLellan is a lawyer at McLellan Law Offices PLLC. He argued on the side of the appellee in the United States Supreme Court case Austin v. Michigan Chamber of Commerce
, 494 U.S. 652 (1990). McLellan is currently the Director of ITC Holdings, Chairman of Africa Continental
Holdings, L.L.C., Adjunct Associate Professor at Michigan State University
, and Chairman of the Michigan Law Revision Commission for the State of Michigan.
in 1964 from Michigan State University
Honors College with a degree in advertising. He received his law degree
from the University of Michigan Law School
in 1967.
and as acting director of the Michigan Office of Drug Abuse. President Gerald Ford
appointed him as an advisor to the Commissioner of the Food and Drug Administration
as a member of the National Advisory Food and Drug Committee of the U.S. Department of Health, Education and Welfare. In 1990, he served as Transition Director to then Michigan Governor-elect John Engler
. In 2007, he was selected by the Secretary of Defense to participate in a tour of the United States Pacific Command
as part of the Joint Civilian Orientation Conference (“JCOC”). In 2010, McLellan accepted newly elected Michigan Attorney General
Bill Schuette
request for him to be part of his transition team as senior counsel
.
to the elections in the People's Republic of Bulgaria. These were the first free elections in the country after 45 years of communist control. Again, in 1996, he acted as an observer for the Bulgaria
n National elections. In February 1999, he also served as an observer for the Nigerian National elections with the International Republic Institute Delegation headed by the then retired General Colin Powell.
. The firm combined practices with Dykema, Gossett, Spencer, Goodnow & Trigg (Dykema Gossett
PLLC) in 1982. McLellan remained a partner there until 2007. While at Dykema, he was the head of the firm's Government Policy and Practice Group and the Managing Member of the firm's Lansing Office. During this time he also served one term on the firm's Executive Committee. McLellan is a founding member of the Mackinac Center, a free-market think tank operating in Michigan for over 30 years, and sits on the Board of Directors. He serves as a legislative consultant to the Campaign for Justice He is a former Board of Trustee Member for the Michigan State University College of Law
. The Supreme Court, appointed McLellan, to two terms as a Member of the Board of Commissioners of the State Bar of the State of Michigan. He also serves as an Independent Trustee of the JNL Series Trust, a 50 billion dollar variable annuity fund managed by Jackson National Life
Insurance Company. He is currently the Corporate Director at World Wide Motion Pictures Corporation
.
for the Cranbrook Institute of Science, he is also a former Chairman of the Board of Directors for the
Michigan Chamber of Commerce. He currently is on the Board of Directors for the Cornerstone Foundation, the Native Nations Foundation, and the Imagine Fund. He is the former President of the Library of Michigan Foundation and the Michigan/Japan Foundation. He is a member of the advisory board for the Quello Center for Telecommunication Management and Law
, a research facility at Michigan State University
. He is a Member of both the Lansing Mayor's Regionalization Initiative and the
Lansing Mayor's Council of Economic Advisors.
mission to Africa led by the late U.S. Commerce Secretary Ron Brown. In 2001, McLellan was appointed as a leader in the Africa Business Advisory Board established by U.S. Congressman J.C. Watts
, Jr. He helped organize and participated in a business delegation to
West Africa
. Also in 2001, he was honored for his years of working Africa by being named a Chief with the
title of the Obinwanne of Ogbunike, by H.R.H. John Umenyiora, the Igwe of
Ogbunike. He currently serves as the Director of the Council for Africa Infrastructure.
The Best Lawyers in America named him one of the top lawyers in 2009. McLellan was the Michigan State University's College of Law
commencement speaker for the Spring 2010 graduating class. He was named one of the 100 most important people in business ethics.
Richard McLellan has been recognized as among the most prominent and influential citizens in Michigan. Dawson Bell of the Detroit Free Press reported:
"He’s seldom seen in the state Capitol, and less likely to be noticed. *** Take a look at someone who may well be the most influential person in Michigan you never heard of."
____ U.S. ____ (February 22, 2005), in the Michigan Supreme Court upholding legislative authority to enter into gaming compacts with Indian tribes.
Taxpayers of Michigan Against Casinos v. State of Michigan (TOMAC II), 478 Mich. 99; 732 N.W.2d 487
(2007), upholding validity of amendment provision of Michigan tribal-state gaming compacts.
The two cases are seminal cases upholding the sovereignty of Indians tribes and the power of the Legislature to engage in government-to-government negotiations with federally recognized tribes.
Council of Orgs. and Others for Educ. About Parochiaid, Inc. v. Governor, 455
Mich. 557, 566 N.W.2d 208 (1997), upholding Michigan’s charter school law
, McLellan argued the Michigan Campaign Finance Act, which prohibited corporations from using treasury money to support or oppose candidates in elections, violated the First
and Fourteenth Amendments
. The Court upheld the restriction on corporate speech based on the notion that "[c]orporate wealth can unfairly influence elections," and the Michigan law still allowed the corporation to make contributions from a segregated fund. However, McLellan filed an amicus curiae
for Citizens United v. Federal Election Commission
, 558 U.S. 50 (2010), the case in which Austin was overturned.
, helped write the Michigan Medical Marijuana Law. He is quoted in the City Pulse as saying “We think there is a role in this emergent medical marijuana market for an entity that really focuses on the quality and issues related to those persons who most benefit medically from marijuana." He believes that there needs to be legitimacy in the relationship between doctor and patient so that medical marijuana can be properly tested and prescribed to meet patient needs.
Austin v. Michigan Chamber of Commerce
Austin v. Michigan Chamber of Commerce, 494 U.S. 652 , was a case in which the Supreme Court of the United States held that the Michigan Campaign Finance Act, which prohibited corporations from using treasury money to support or oppose candidates in elections, did not violate the First and...
, 494 U.S. 652 (1990). McLellan is currently the Director of ITC Holdings, Chairman of Africa Continental
Holdings, L.L.C., Adjunct Associate Professor at Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
, and Chairman of the Michigan Law Revision Commission for the State of Michigan.
Education
McLellan received his Bachelor of ArtsBachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1964 from Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
Honors College with a degree in advertising. He received his law degree
Law degree
A Law degree is an academic degree conferred for studies in law. Such degrees are generally preparation for legal careers; but while their curricula may be reviewed by legal authority, they do not themselves confer a license...
from the University of Michigan Law School
University of Michigan Law School
The University of Michigan Law School is the law school of the University of Michigan, in Ann Arbor. Founded in 1859, the school has an enrollment of about 1,200 students, most of whom are seeking Juris Doctor or Master of Laws degrees, although the school also offers a Doctor of Juridical...
in 1967.
Government service
McLellan began his career as an administrative assistant to Michigan Governor William MillikenWilliam Milliken
William Grawn Milliken , is an American politician and served as the 44th Governor of Michigan from January 1969 to January 1983.-Biography:...
and as acting director of the Michigan Office of Drug Abuse. President Gerald Ford
Gerald Ford
Gerald Rudolph "Jerry" Ford, Jr. was the 38th President of the United States, serving from 1974 to 1977, and the 40th Vice President of the United States serving from 1973 to 1974...
appointed him as an advisor to the Commissioner of the Food and Drug Administration
Food and Drug Administration
The Food and Drug Administration is an agency of the United States Department of Health and Human Services, one of the United States federal executive departments...
as a member of the National Advisory Food and Drug Committee of the U.S. Department of Health, Education and Welfare. In 1990, he served as Transition Director to then Michigan Governor-elect John Engler
John Engler
John Mathias Engler is an American politician and a member of the Republican Party. He served as the 46th Governor of Michigan from 1991 to 2003....
. In 2007, he was selected by the Secretary of Defense to participate in a tour of the United States Pacific Command
United States Pacific Command
The United States Pacific Command is a Unified Combatant Command of the United States armed forces responsible for the Pacific Ocean area. It is led by the Commander, Pacific Command , who is the supreme military authority for the various branches of the Armed Forces of the United States serving...
as part of the Joint Civilian Orientation Conference (“JCOC”). In 2010, McLellan accepted newly elected Michigan Attorney General
Michigan Attorney General
The Attorney General of Michigan is the fourth-ranking official in the U.S. state of Michigan and one of four great offices of state. The officeholder is elected statewide in the November general election alongside the governor, lieutenant governor, secretary of state, members of the Senate and...
Bill Schuette
Bill Schuette
William Duncan "Bill" Schuette is an American Republican politician and the current Attorney General of the U.S. state of Michigan.-Early life:...
request for him to be part of his transition team as senior counsel
Senior Counsel
The title of Senior Counsel or State Counsel is given to a senior barrister or advocate in some countries, typically equivalent to the title "Queen's Counsel" used in Commonwealth Realms...
.
Elections and Campaign Finance
In 1990, McLellan was appointed by President George H Bush as a Presidential Observerto the elections in the People's Republic of Bulgaria. These were the first free elections in the country after 45 years of communist control. Again, in 1996, he acted as an observer for the Bulgaria
Bulgaria
Bulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
n National elections. In February 1999, he also served as an observer for the Nigerian National elections with the International Republic Institute Delegation headed by the then retired General Colin Powell.
Professional experience
In 1973, McLellan started a private law practice, McLellan, Schlaybaugh and Whitbeck, in Lansing, MichiganLansing, Michigan
Lansing is the capital of the U.S. state of Michigan. It is located mostly in Ingham County, although small portions of the city extend into Eaton County. The 2010 Census places the city's population at 114,297, making it the fifth largest city in Michigan...
. The firm combined practices with Dykema, Gossett, Spencer, Goodnow & Trigg (Dykema Gossett
Dykema Gossett
Dykema is a law firm founded in 1926. The firm has offices in various locations around the United States including Detroit, Charlotte, Chicago, Dallas, Los Angeles, and Washington, D.C. It currently employs more than 400 lawyers and lobbying professionals...
PLLC) in 1982. McLellan remained a partner there until 2007. While at Dykema, he was the head of the firm's Government Policy and Practice Group and the Managing Member of the firm's Lansing Office. During this time he also served one term on the firm's Executive Committee. McLellan is a founding member of the Mackinac Center, a free-market think tank operating in Michigan for over 30 years, and sits on the Board of Directors. He serves as a legislative consultant to the Campaign for Justice He is a former Board of Trustee Member for the Michigan State University College of Law
Michigan State University College of Law
The Michigan State University College of Law is a private law school located in East Lansing, Michigan which is affiliated with Michigan State University...
. The Supreme Court, appointed McLellan, to two terms as a Member of the Board of Commissioners of the State Bar of the State of Michigan. He also serves as an Independent Trustee of the JNL Series Trust, a 50 billion dollar variable annuity fund managed by Jackson National Life
Jackson National Life
Jackson National Life Insurance is a U.S. company that offers life insurance and annuities. It is a subsidiary of the British insurer, Prudential Plc, who bought the company for $608 million in 1986. Founded in 1961, Jackson is headquartered in Lansing, Michigan...
Insurance Company. He is currently the Corporate Director at World Wide Motion Pictures Corporation
World Wide Motion Pictures Corp.
World Wide Motion Pictures Corporation is a film and video production and distribution company with Executive Offices located in Huntington Beach, CA...
.
Public service
McLellan is a participant in many community service organizations. He is a member of the Board of Governorsfor the Cranbrook Institute of Science, he is also a former Chairman of the Board of Directors for the
Michigan Chamber of Commerce. He currently is on the Board of Directors for the Cornerstone Foundation, the Native Nations Foundation, and the Imagine Fund. He is the former President of the Library of Michigan Foundation and the Michigan/Japan Foundation. He is a member of the advisory board for the Quello Center for Telecommunication Management and Law
Quello Center for Telecommunication Management and Law
The James H. and Mary B. Quello Center for Telecommunication Management & Law is a research center at Michigan State University in East Lansing, Michigan...
, a research facility at Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
. He is a Member of both the Lansing Mayor's Regionalization Initiative and the
Lansing Mayor's Council of Economic Advisors.
African Involvement
For over 30 years McLellan has been involved in supporting development in Africa. He participated in the trademission to Africa led by the late U.S. Commerce Secretary Ron Brown. In 2001, McLellan was appointed as a leader in the Africa Business Advisory Board established by U.S. Congressman J.C. Watts
J.C. Watts
Julius Caesar "J. C." Watts, Jr. is an American politician from Oklahoma who was a college football quarterback for the Oklahoma Sooners and professionally in the Canadian Football League. Watts served in the U.S. House of Representatives from 1995 to 2003 as a Republican, representing the 4th...
, Jr. He helped organize and participated in a business delegation to
West Africa
West Africa
West Africa or Western Africa is the westernmost region of the African continent. Geopolitically, the UN definition of Western Africa includes the following 16 countries and an area of approximately 5 million square km:-Flags of West Africa:...
. Also in 2001, he was honored for his years of working Africa by being named a Chief with the
title of the Obinwanne of Ogbunike, by H.R.H. John Umenyiora, the Igwe of
Ogbunike. He currently serves as the Director of the Council for Africa Infrastructure.
Awards
McLellan was listed as one of the country's top lawyers by Super Lawyers, a nationally distributed magazine, in 2006 and 2007.The Best Lawyers in America named him one of the top lawyers in 2009. McLellan was the Michigan State University's College of Law
Michigan State University College of Law
The Michigan State University College of Law is a private law school located in East Lansing, Michigan which is affiliated with Michigan State University...
commencement speaker for the Spring 2010 graduating class. He was named one of the 100 most important people in business ethics.
Richard McLellan has been recognized as among the most prominent and influential citizens in Michigan. Dawson Bell of the Detroit Free Press reported:
"He’s seldom seen in the state Capitol, and less likely to be noticed. *** Take a look at someone who may well be the most influential person in Michigan you never heard of."
Notable Court Cases
TOMAC v. State of Michigan (TOMAC I), 471 Mich. 306, 685 N.W.2d 221 (2004), cert. denied,____ U.S. ____ (February 22, 2005), in the Michigan Supreme Court upholding legislative authority to enter into gaming compacts with Indian tribes.
Taxpayers of Michigan Against Casinos v. State of Michigan (TOMAC II), 478 Mich. 99; 732 N.W.2d 487
(2007), upholding validity of amendment provision of Michigan tribal-state gaming compacts.
The two cases are seminal cases upholding the sovereignty of Indians tribes and the power of the Legislature to engage in government-to-government negotiations with federally recognized tribes.
Council of Orgs. and Others for Educ. About Parochiaid, Inc. v. Governor, 455
Mich. 557, 566 N.W.2d 208 (1997), upholding Michigan’s charter school law
Austin v. Michigan Chamber of Commerce
In Austin v. Michigan Chamber of CommerceAustin v. Michigan Chamber of Commerce
Austin v. Michigan Chamber of Commerce, 494 U.S. 652 , was a case in which the Supreme Court of the United States held that the Michigan Campaign Finance Act, which prohibited corporations from using treasury money to support or oppose candidates in elections, did not violate the First and...
, McLellan argued the Michigan Campaign Finance Act, which prohibited corporations from using treasury money to support or oppose candidates in elections, violated the First
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and Fourteenth Amendments
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. The Court upheld the restriction on corporate speech based on the notion that "[c]orporate wealth can unfairly influence elections," and the Michigan law still allowed the corporation to make contributions from a segregated fund. However, McLellan filed an amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
for Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission
Citizens United v. Federal Election Commission, , was a landmark decision by the United States Supreme Court holding that the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions...
, 558 U.S. 50 (2010), the case in which Austin was overturned.
Michigan's Medical Marijuana Law
McLellan, along with his former firm Dykema GossettDykema Gossett
Dykema is a law firm founded in 1926. The firm has offices in various locations around the United States including Detroit, Charlotte, Chicago, Dallas, Los Angeles, and Washington, D.C. It currently employs more than 400 lawyers and lobbying professionals...
, helped write the Michigan Medical Marijuana Law. He is quoted in the City Pulse as saying “We think there is a role in this emergent medical marijuana market for an entity that really focuses on the quality and issues related to those persons who most benefit medically from marijuana." He believes that there needs to be legitimacy in the relationship between doctor and patient so that medical marijuana can be properly tested and prescribed to meet patient needs.