Law Commons^™

Addressing Mental Disability Head On: The Challenges Of Reasonable Accommodation Requests For Virginia Housing Providers, Haley Fortner

Washington and Lee Law Review Online

A person’s home should be a sanctuary of safety, security, and comfortability away from the demands of the outside world. Yet for many people living with mental illness, a home can all too easily become a sort of temporary prison. Nowhere is this more apparent than when a housing provider stands in the way of allowing someone with a mental disability the equal opportunity to use and enjoy their home. Fair housing law’s reasonable accommodation requirement works to ensure those living with mental illness receive the accommodations they need in order to live safely and comfortably in their own home. …

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi

Minnesota Journal of Law, Science & Technology

No abstract provided.

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

Decoding Dobbs: A Typology To Better Understand The Roberts Court's Jurisprudence, Katie Yoder

Honors Projects

The U.S. Supreme Court first recognized Substantive Due Process (“SDP”) in the early twentieth century. In Lochner v. New York, the Court established that there are certain unenumerated rights that are implied by the Fourteenth Amendment.Though SDP originated in a case about worker’s rights and liberties, it quickly became relevant to many cases surrounding personal intimate decisions involving health, safety, marriage, sexual activity, and reproduction.Over the past 60 years, the Court relied upon SDP to justify expanding a fundamental right to privacy, liberty, and the right to medical decision making. Specifically, the court applied these concepts to allow for freedoms …

Unplanned Pregnancy As An Independent Risk Factor For Antepartum Si In A Post Roe Vs. Wade World, Rianna Mcnamee

Rowan-Virtua Research Day

Abstract: The objective of this literature review is to determine whether unplanned pregnancy is an independent risk factor for developing antepartum SI. Background: The Supreme Court of the United States of America recently ruled that the constitution of the United States does not confer a right to abortion to its citizens. As of October 2023, twenty-one states had developed full or partial bans on abortion, resulting in millions of Americans residing in areas where terminating unplanned pregnancy is not a viable option. There is evidence that indicates antepartum suicidal ideation (SI) is higher than that of the general population, however …

The Politics Of Gender Affirming Healthcare: A New Battleground For Morality Policy?, Reaves Robinson

Political Science Undergraduate Honors Theses

Morality policy as a discipline saw its peak during the transformative years at the turn of the 21^st century; however, there has been very little scholarship to follow new social policy issues that have arisen in the past two decades. Anti-transgender policy, specifically, can be considered under the morality policy scope following years of LGBTQ+ scholarship that fell under the morality policy umbrella. In 2023 alone, more than 200 pieces of anti-transgender legislation were introduced in state legislatures across the nation. A trend among the increasingly popular policy realm can be seen from gender affirming healthcare bans, where almost …

There Is No More New Frontier: Analyzing Wildfire Management Efforts In The United States, Morgan D. Gafford

Journal of Legislation

Congress needs to address the major wildfire problem by enacting more legislation that works alongside state governments and their own fire management goals. It is time for Congress to take wildfire suppression legislation more seriously and move it beyond the introductory phase. It is time for Congress and the other branches of the federal government to work together. It is time for everyone—but especially Congress—to fully comprehend the detrimental effects the most severe fires have on the environment, society, and the economy.

More Than Troubling: The Alarming Absence Of ‘Troubled Teen Industry’ Regulation And Proposals For Reform, Morgan Rubino

Journal of Legislation

This Note will advocate for immediate and wide-reaching legislative action on juvenile residential treatment. Part I will provide a brief history of the origins of the Troubled Teen Industry ("TTI") and the most common types of facilities operating today. Part II will analyze some of the limited state legislation on the TTI, along with the Stop Institutional Child Abuse Act pending before Congress. Finally, Part III will lay out the most pressing injustices and abuses that arise out of the TTI and argue that an integrated framework of local and federal legislation, including the adoption of state bills of rights …

Designing And Developing A Medical-Legal Partnership To Address Cancer Patients' Health-Harming Legal Needs, Allison B. Dowling, Vicki W. Girard, Megan E. Gordon, Abigail Sweeney, Christopher M. Gallagher, Amy D. Ly, Lisa Kessler, Deborah F. Perry

Georgetown Law Faculty Publications and Other Works

The Georgetown University's Cancer Legal Assistance and Well-being Project launched in 2020 as a medical-legal partnership that works with health care providers at a Washington, D.C. safety-net hospital to treat the health-harming legal needs of historically and intentionally marginalized patients with cancer.

Addressing The Root Cause Of Covid-19 Hate Crimes Against The Aapi Community: Shifting From Reactive Policies To Preventative Solutions, Alexa A. Panganiban

Journal of Law and Policy

While the COVID-19 Pandemic affected health, social interaction, and politics on a global scale, Asian Americans in the United States faced the added hardship of racism and xenophobia. Unfortunately, anti-Asian sentiment in the U.S. is not unprecedented and has historical roots dating back to at least the nineteenth century. However, with right-wing leaders using condescending labels like “Chinese virus” and “Kung Flu” to describe the deadly infection, Asian hate has escalated to astronomical levels. Within one year of the onset of the Pandemic, more than 9,000 reports of Asian hate were filed, and this exponential surge led to the adoption …

Murder And A Mother’S Love: Understanding Maternal Altruistic Filicide And Reshaping The Legal System’S Approach To Mentally Ill Mothers Who Kill Their Children, Morgan Woodbridge

Journal of Law and Policy

Every year, thousands of children are killed by their parents. Some of these killings are committed by mentally ill mothers who believe that death is in their children's best interest. This category of killings is called maternal altruistic filicide. Numerous studies have found that mothers who commit altruistic filicide are severely mentally ill and have histories of psychiatric illness, trauma, and suicidality. Despite this, mothers who commit altruistic filicide are often railroaded through the criminal legal system without access to adequate mental health care. Traditional legal procedures designed to assist the mentally ill, such as the insanity defense or the …

On The Defensive: Analyzing Insurers' Duty To Defend Pharmaceutical Companies For Contributing To The Opioid Epidemic, Madison Perry

Vanderbilt Law Review

Opioids have had a devastating impact on the United States. They have drained governmental agencies’ resources, decreased property values, and destroyed families and entire communities. A growing number of individuals, local governments, and states have filed lawsuits, aiming to hold pharmaceutical companies accountable for their negligent contributions to the epidemic. Such manufacturers, distributors, and retailers have called upon their insurers, asserting that their commercial general liability policies demand an insurer- backed and bankrolled defense. Courts are divided in their interpretation of the language contained within the at-issue policies. Some consider the claims made by certain states and local governments to …

Here Are The Mda Award Winners For 2024, David Foe Ma Cde

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) awarded outstanding individuals and organizations in 2024, highlighting dedication to dentistry and community service. Notable winners include Dr. Richard Charlick, honored for decades of teaching and mission work, Dr. Daniel Miller for leadership across dentistry, and Dr. Michael Haddow and Scott Ward for exceptional public service. Educators Dr. Sarah Tomaka and Dr. Gary Bonior were recognized for their contributions to dental education, while Becky Wooters facilitated dental assistant training at tribal colleges. NDX Dental Art Laboratory and Dr. Michael Vilag were commended for their work with Donated Dental Services, alongside rising star Dr. Katherine Cramer. …

Staff Matters: Utilizing ‘Unretired’ Workers To Address Hiring Challenges, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Jodi Schafer suggests targeting "unretired" workers to address front office staffing challenges in dental practices. These retirees bring valuable experience, reliability, and a commitment to customer service. Strategies include offering flexible schedules and competitive benefits and targeting recruitment efforts through networks frequented by retirees. Utilizing this demographic can supplement and support full-time staff, alleviating hiring difficulties.

The Raci Matrix And Its Use In The Office, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The RACI Matrix, crucial in office management, delegates tasks efficiently: Responsible individuals, like lead assistants, handle specific duties; Accountable, typically the manager, ensures smooth operations; Consulted, such as patients, provide input; Informed parties, like lab technicians, contribute expertise. By adhering to RACI, dental offices optimize workflow, enhance patient care, and address challenges effectively, ensuring a harmonious and efficient practice.

The Back Page Commentary: Mda Leaders And Students Attend Ada Student Lobby Day In Washington, D.C., Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

A group of MDA leaders and students from the University of Detroit Mercy and University of Michigan dental schools traveled to the nation’s capital city April 7-9 to participate in the American Dental Association’s 2024 Student Lobby Day activities.

Mda Foundation: Mda Foundation Grant Helps Huda Clinic Celebrate 20 Years Of Service, Anne Berquist

The Journal of the Michigan Dental Association

MDA Foundation Director discusses the 20th anniversary of HUDA Clinic, Detroit's largest free clinic, providing crucial medical, dental, and mental health services to the uninsured. Supported by a $10,000 grant from the MDA Foundation, HUDA plans to expand dental services due to overwhelming demand, aiming to provide daily care. They seek volunteers and donations to meet the significant need, especially for dentures. Expansion plans include collaboration with local dental schools and community colleges.

Advocacy Spotlight: Sen. Sam Singh, Mda Legislator Of The Year, Neema Katibai Jd

The Journal of the Michigan Dental Association

Sen. Sam Singh, Michigan Senate Majority Floor Leader and MDA Legislative Achievement Award recipient, discusses oral health priorities and legislative successes. In an interview, Singh highlights the passage of SB 280, which ensures oral health assessments for kindergarteners, and SB 281, which enhances network leasing transparency. Singh emphasizes the importance of oral health in overall well-being and bipartisan support for these initiatives. He credits the Michigan Dental Association for its advocacy and advises dentists to engage in advocacy through associations and direct communication with elected officials.

Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.

Mda At Your Service: How Can I Choose The Right Associate Position?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Membership Chair Kristin Johnson, DDS, advise dentists on various concerns: reviewing employment contracts with legal counsel, updating personal/practice info, obtaining MDA logo for websites, and enhancing visibility on Find a Dentist platforms. Legal and ethical considerations are highlighted when terminating difficult patient relationships. Membership benefits include contract reviews and promotional resources.

The New Professional: Navigating The Journey: Finding Your Practice Philosophy As A New Dentist, Amrita Patel Dds

The Journal of the Michigan Dental Association

Dr. Amrita Patel highlights the importance of defining a practice philosophy as a new dentist. Self-reflection, mentorship, patient-centered care, continuous learning, and adaptability are crucial elements in this journey. Embracing personal values and ethics ensures authenticity and guides decision-making. The evolving nature of this philosophy underscores the need for flexibility and openness to change. Dentists can shape their professional identity and approach to patient care through introspection and experiential learning.

Dr. Todd Christy: Meet Your 2024-25 Mda President, David Foe Ma, Cde

The Journal of the Michigan Dental Association

Dr. Todd Christy, DDS, inaugurated as Michigan Dental Association (MDA) president, brings extensive experience within MDA leadership. Practicing in southwest Michigan, he aims to address workforce shortage, practice profitability, and practice sales difficulties. His tenure prioritizes advocating for effective legislation, fostering dental equity, and enhancing workforce diversity. Christy champions member involvement, emphasizing local engagement and MDA mentoring programs. Committed to improving communication and member services, he highlights MDA's strengths in education, advocacy, and insurance services. Beyond dentistry, Christy enjoys outdoor activities with his family and looks forward to statewide community engagement during his presidency.

Proliferative Verrucous Leukoplakia Progressing To Squamous Cell Carcinoma: A Case Report, Magdalena Orlowska Dds, Felipe Nör Dds, Ms, Phd, Robert Eber Dds, Ms, Stephanie Munz Dds, David Tindle Dds, Ms

The Journal of the Michigan Dental Association

Proliferative verrucous leukoplakia (PVL) is an uncommon type of oral leukoplakia characterized by white patches featuring verrucoid areas. It is a condition of idiopathic origin, displaying a strong tendency to transform into squamous cell carcinoma, verrucous carcinoma, or the newly described particulate carcinoma. PVL is more commonly found in elderly women who have had leukoplakic lesions for many years. Although PVL may be found virtually anywhere in the oral cavity, the buccal mucosa, gingiva, and tongue are the most common sites. In this case, we describe a lesion of this nature found in an elderly male patient. PVL is difficult …

J Mich Dent Assoc May 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

In the May 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story interview introducing MDA President Todd Christy

• A feature clinical case report on Proliferative Verrucous Leukoplakia Progressing to Squamous Cell Carcinoma

• Profiles of the 2024 MDA Awards Recipients

• A New Professional Column: “Navigating the Journey: Finding Your Practice Philosophy as a New …

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My Patient Or Law Enforcement, Who Gets First Say?, Hollis T, Redden

Arkansas Law Notes

Law enforcement is often left struggling with determining how to appropriately respond to nurses who refuse their request to collect a suspect’s blood when that patient is suspected of intoxicated driving and the officer has a valid search warrant. These scenarios trigger compliance issues including a patient’s right to privacy and consent, “particularly when a medical entity’s compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) provisions directly conflicts with law enforcement needs and goals.” Once a suspect becomes a patient, whose interest prevails? Is it healthcare providers’ interest in abiding by the rights, health, and safety …

Confronting Cosmetic Carcinogens: A Proposal Regarding The Dangers Of Talcum Powder, Rachael Howell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

The Federal Government needs to stop the import, export, mining, and distribution of talcum powder in the United States. This is an issue that affects all Americans, especially active-duty military members.

Since 2013, there have been over 38,000 lawsuits against Johnson & Johnson, which allege that their talcum-based baby powder caused cancer. The plaintiffs in the very first talc case in the U.S. have died. All four of the plaintiffs from a 2019 suit have died. Yet, the 2019 case has been reversed and remanded. The FDA has redacted the names of scientist(s) that conduct “safety tests” on talc samples. …

Understandings Of Vulnerability And Social Determinants Of Health In Forensic And Expert Social Anthropology: A Scoping Review, James W. W. Rose, David M. Tran

The Qualitative Report

Forensic and expert social anthropology (FESA) is a branch of social anthropology that specialises in the provision of evidence to legal-administrative processes, which are overseen by courts and other legally empowered bodies, and which give regard to the social cultures of legally and administratively involved individuals and communities (LAIICs). Despite a preoccupation with political advocacy in the broader philosophy of social anthropology, FESA literature does not typically give regard to LAIIC vulnerability defined qualitatively in terms of social determinants of health, including physical, mental, and social well-being. This paper presents findings from a JBI/PRISMA-ScR scoping review of n=1,674 texts, identifying …

California V. Texas: Avoiding An Antidemocratic Outcome, Jon Lucas

Journal of Law and Health

The Affordable Care Act (“ACA”) contains a section titled “Requirement to Maintain Essential Minimum Coverage.” Colloquially known as the Individual Mandate, this section of the Act initially established a monetary penalty for anyone who did not maintain health insurance in a given tax year. But with the passage of the Tax Cuts and Jobs Act, the monetary penalty was reset to zero, inducing opponents of the ACA to mount a legal challenge over the Individual Mandate’s constitutionality. As the third major legal challenge to the ACA, California v. Texas saw the Supreme Court punt on the merits and instead decide …

Secrets Clutched In A Dead Hand: Rethinking Posthumous Psychotherapist-Patient Privilege In The Light Of Reason And Experience With Other Evidentiary Privileges, Jared S. Sunshine

Journal of Law and Health

Attorney-client privilege was held by the Supreme Court to extend beyond death in 1996, albeit only ratifying centuries of accepted practice in the lower courts and England before them. But with the lawyer’s client dead, the natural outcome of such a rule is that privilege—the legal enforcement of secrecy—will persist forever, for only the dead client could ever have waived and thus end it. Perpetuity is not traditionally favored by the law for good reason, and yet a long and broad line of precedent endorses its application to privilege. The recent emergence of a novel species of privilege for psychotherapy, …