Digital Commons Network^™

Medical Device Dangers: Choosing Ignorance In The Courts And At The Fda, George Horvath

William & Mary Law Review

Medical devices save lives and improve well-being but have caused as many as 83,000 deaths and 1.7 million injuries in a recent decade. Decisions of critical importance—patients’ decisions whether to have a device implanted, doctors’ decisions about which device to use, insurers’ decisions whether to reimburse for those devices—depend on information about risk that is provided by manufacturers. But producing this information is costly. Injured patients, through private lawsuits under state products liability theories, can incentivize device manufacturers to incur these costs and to produce and disclose information about device risk. Unfortunately, courts are making it increasingly unlikely that this …

Skrmetti And The Problem Of Incidental Intent, Martin Katz

William & Mary Law Review

The modern Supreme Court has defined “discriminatory intent” as a strict-liability concept. It does not matter why the government sorts people by a protected characteristic, such as race or sex; it matters only that the government does sort people by such a characteristic. This principle is the key holding of affirmative-action cases, such as Students for Fair Admissions, Inc. v. President & Fellows of Harvard College. Yet, in the recent case United States v. Skrmetti, the Court seemed to focus not on the question of whether the government sorted people by sex (it did), but on the question …

International Governance Of Ocean Iron Fertilization Research: A Case Study Of The Proposed Exploring Ocean Iron Solutions Field Experiments, Ashwin Murthy, Romany M. Webb

Sabin Center for Climate Change Law

Ocean iron fertilization (OIF) has been a subject of scientific research since the 1980s. The primary international legal instruments regulating OIF are the 1972 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (London Convention or LC) and the 1996 Protocol to that Convention (London Protocol or LP). To guide regulation of research activities, under the LC and LP, the Assessment Framework was developed.

To demonstrate how domestic regulators might use the Assessment Framework, this paper explores its application to recently proposed OIF field trials advanced by the Exploring Ocean Iron Solutions (ExOIS) research consortium. …

When Antitrust Meets Labour: Exemption And Enforcement Under Article 101 Tfeu, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

Labour rights protection has recently emerged as one of the key objectives of antitrust law, alongside sustainability and privacy. The application and enforcement of competition rules differ significantly between the workers’ and employers’ sides of the market, a distinction that is particularly visible in cases concerning remuneration. Wage-setting may fall within the scope of Article 101 TFEU where it results from coordination between undertakings; whether competition law applies therefore depends on how wages are fixed. While employer cartels that suppress pay are treated as restrictive agreements, collective bargaining arrangements are assessed under a markedly different analytical framework. This article examines …

Reconceiving Safety Regulation For Ai And Ml Medical Software, Barbara J. Evans, Eric S. Rosenthal, Azra Bihorac

Vanderbilt Journal of Entertainment & Technology Law

This article explores the challenges of regulating AI and ML clinical decision support tools intended to assist trained health care professionals in delivering clinical care. Two old, twentieth-century regulatory models have dominated discussions of medical AI policy since 2013. Thinking inside these old regulatory boxes has not produced effective regulatory solutions to address the novel risks AI poses in clinical care. The first regulatory box treats software as a medical device, which tasks medical device regulators with making software safe but neglects the crucial roles physicians, nurses, administrators, medical practice regulators, and other health oversight bodies must also play to …

J Mich Dent Assoc February 2026

The Journal of the Michigan Dental Association

Each month, the Journal of the Michigan Dental Association delivers news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The February 2026 (Volume 108, No. 2) issue of the Journal is published in a digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This issue includes feature articles on Risk Management and 2025 Servant Leadership as well as a clinical reprint …

News You Need, David Foe

The Journal of the Michigan Dental Association

This news update summarizes MDA Board of Trustees activities, including the 2026 budget approval and legislative advocacy for licensure reform and Social Security privacy. It promotes National Children’s Dental Health Month and the biennial Mission of Mercy event. The news covers the appointment of a new Chief Experience Officer, the launch of the MDA Matters video podcast, and announcements for scholarships and award-winners.

Flexible Funding Authorities To Support Tribal Climate Adaptation, Monte Mills, Sydney Anderson, Lauren Young

Articles

This project is part of a policy research effort intended to support Tribes, federal agencies, and Tribal and non-Tribal organizations in addressing some of the climate adaptation barriers and needs experienced by Northwest coastal Tribes. Accessing and administering Federal funds is a significant challenge for Tribes. Existing federal funding sources are often accompanied by rigid rules that make it difficult for Tribes to flexibly allocate funds as needed, and include strict qualification criteria that limit Tribal access to funds. Short-term funding cycles can be disruptive to long-term staffing and project needs, and are often misaligned with Tribal priorities.

A Citizenship Model Of The Fourth Amendment, Danieli Evans

Articles

Fourth Amendment law is in disarray. In recent years, courts and scholars have questioned central aspects of Fourth Amendment doctrine—in particular, the reasonable expectations of privacy test that has governed since the 1960s. Scholars and judges have argued for abandoning this test and instead looking to private law (sub-constitutional rules governing private conduct, such as tort, property, and contract law) to determine Fourth Amendment protection.

At a moment when judges and scholars are questioning core aspects of Fourth Amendment doctrine, the time is ripe to reconsider the values Fourth Amendment law ought to serve. I advance a novel vision for …

The Brady Materiality Standard, Brandon L. Garrett, Adam M. Gershowitz

Faculty Publications

The Brady doctrine requires prosecutors to disclose all favorable and material evidence to the defense. To effectuate that rule, the U.S. Supreme Court has defined materiality as a “reasonable probability” that the evidence would have affected the outcome at trial. But apart from that definition, the Court has resisted offering any further guidance to lower courts. While far too little is known about how Brady materiality claims are actually adjudicated, there is strong evidence that courts often reject Brady claims involving withheld evidence on the grounds that the evidence was not significant enough to be material.

To examine how Brady …

New York Environmental Legislation In 2025, Michael B. Gerrard

Faculty Scholarship

In 2025, New York State overhauled its State Superfund law and extended the State Superfund Program for ten years. The state also enacted laws restricting chemicals in menstrual products and firefighter personal protective equipment; expanding the extended producer responsibility program for batteries to include electric scooter and bike batteries; and protecting monarch butterflies and horseshoe crabs. These and other new and amended environmental and energy laws — as well as notable vetoes — are discussed in this article.

Amendments to two of New York’s most important laws may be up for consideration by the Legislature during the current session. Governor …

The National Security Internet, Anupam Chander

Georgetown Law Faculty Publications and Other Works

In response to widespread foreign surveillance and growing geopolitical distrust, governments are erecting a national security internet. Pioneered by China, national firewalls have gone global. But where firewalls sought to keep information out, they now seek to keep data in. Governments keen to avoid their citizens’ data from falling into foreign hands demand not only that personal data be stored on local servers, but also require that it be stored on local servers by local companies—what this Article calls “data localization squared.” Enforcing this demand requires a new mechanism of transnational control: immunity from foreign jurisdiction. Artificial Intelligence (AI) systems, …

The Free Exercise Of Religion As A Privilege, Kyron J. Huigens

Articles

In the span of a decade, the Supreme Court has restructured the Free Exercise Clause entirely. It has removed the counterweight of disestablishment; it has sought parity between religion and secularity by means of strict scrutiny analysis turning on a principle of nondiscrimination; and it has opened the way to a general exemption from secular law for the faithful by ceding the question of what counts as an exercise of religion to the faithful themselves. This Article proposes reading the free exercise of religion as a privilege in response to these changes. This privilege stands against secular law in the …

House Of Cards: An Examination Of Missouri’S Inconsistent Tax Assessment Regime And The Questionable Role Of The Court As Arbiter, Isabel Fenoglio

Missouri Law Review

“Taxes are what we pay for civilized society.” No one has offered a simpler rationale for the American tax system than the former Supreme Court Justice Oliver Wendell Holmes, Jr. Despite their inevitability, taxes remain universally dreaded and misunderstood by Americans, but none more so than property taxes. Without property taxes, life as everyday Americans understand it would cease to exist. From streets to schools, from libraries to fire departments, the budgets of indispensable public services, which enable communities to flourish, would collapse.

Pickering And Choosing: The Positive Outcome Of An Eighth Circuit Ruling Among The Chaotic World Of Government Employee Free Speech, Luke M. Severt

Missouri Law Review

Public employees do not shed their constitutional rights to freedom of speech or expression at the workplace gate. Nor do they shed them when they log on to their computer to send an email to their co-workers, superiors, or similar fellow government employees. In Mayfield v. Missouri House of Representatives, the Eighth Circuit undertook a multistep analysis to determine whether the defendant, as a public employer, violated the constitutional rights of its longtime employee, Tad Mayfield, when it terminated him only three days after he sent an email to state legislature leaders asking them to implement a mask mandate to …

Google Geofences: Navigating The Fourth Amendment In The Digital Age, Maverick L. L. Lewis

Missouri Law Review

In December 2018, twenty-three-year-old Jorge Molina was wrongfully arrested for murder based on location data received from a Google geofence—a virtual perimeter around a specific geographic location, created using Google’s location services. Despite law enforcement confirming his alibi within twenty-four hours, Molina spent six days in jail before he was released. As a result, Molina lost his job and car, suffered reputational damage, and was forced to drop out of college. Molina’s stepfather was later arrested and charged for the murder after law enforcement learned he had been using Molina’s old phone, which was still logged into his email. In …

Russia’S Soft Power In Nahdlatul Ulama’S Art Exhibition Russia-Indonesia: Within The Framework Of Art, Nurul Rahmawati, Ahmad Fahrurodji

International Review of Humanities Studies

This study analyzes the construction of Russian cultural diplomacy in news media coverage of art exhibitions. Russia-Indonesia: Within the Framework of Art. The research uses the method Critical Discourse Analysis with Norman Fairclough's model and concept soft power Joseph Nye and the skeleton Taxonomy of Soft Power from Ohnesorge to map actor relations in cultural diplomacy practices. The results show that Russia utilizes art, religious symbols, and collaboration with Nusantara Utama Gallery and the involvement of Nahdlatul Ulama (NU) artists as an instrument of soft power to build appeal and legitimacy among the Indonesian Muslim public through cross-media discourse …

Humanity Is Evolving Its Consciousness: The Role Of Archetypal Energies As Guides During An Unfolding Weeding Out And Alignment Process, Carroy U. Ferguson

Psychology Faculty Publication Series

Humanity is evolving its consciousness at individual and collective levels.  Given these seemingly tumultuous times, as of this writing (January 2026), to make such a statement may sound like a strange thing to say.  However, I suggest that if you are alive today and if you are reading these words, these are the very times for which you were born—to assist Humanity as it evolves its consciousness with your unique gifts, whatever they may be.  That is, this period of our individual and collective human being-ness may be characterized as an unfolding period of weeding out and alignment with the …

Fighting The Black Snake: The Dapl And The Case For Indigenous Environmental Stewardship, Kenny Moll

Student Theses 2015-Present

This thesis analyzes the current scope of environmental injustice on Native lands in the U.S. Specifically it examines The Dakota Access Pipeline (DAPL) and its impacts on the Standing Rock Sioux Tribe of North Dakota. Western colonialism and capitalism have dominated North American ecosystems since their forcible introduction hundreds of years ago, causing the commodification of natural resources and leading to injustices such as that of the “Black Snake.” However, the story of The Standing Rock Sioux Tribe’s resistance will be analyzed through the framework of Indigenous philosophy and environmental justice. Chapter 1 analyzes the implementation of the DAPL and …

Adaptation Processes In Cross - Cultural Communication Within Chinese - Indonesian Workplace Settings: An Analysis Of The Tiktok Series "Day 1 Kerja Sama Orang China. ", Shi Jie, Amelia Burhan

International Review of Humanities Studies

In the background ofChina's deepening economic engagement with Indonesia under the Belt and Road Initiative, increasing numbers of Chinese workers have entered Indonesian industrial zones, creating a workplace environment characterized by intensive cross-cultural interaction. While previous studies on cross-cultural adaptation have primarily emphasized macro-level cultural barriers and language difficulties, this research shifts attention to the micro-level communicative practices through which cultural adaptation is negotiated in everyday collaboration. Drawing on Howard Giles' Communication Accommodation Theory (CAT), this study conducts a qualitative analysis of TikTok videos depicting workplace interactions between Chinese and Indonesian workers particularly those labeled "Day 1 kerja sama orang …

Right-Wing French Media Coverage Of The Rassemblement National’S 2027 Presidential Candidates, Amelinda Sundari, Myrna Laksman-Huntley

International Review of Humanities Studies

The 2027 French presidential election has become a contest over political legitimacy, and the media play a key role in shaping candidates’ images. Within the right-wing camp, Rassemblement National (RN) presents two potential figures, Marine Le Pen and Jordan Bardella. Le Pen faces legal threats that could prevent her candidacy, while Bardella is projected as a successor to represent RN in the contest. Drawing on framing theory Pan & Kosicki (1993) and Critical Discourse Analysis Fairclough (1995), this qualitative study investigates right-wing French media preferences between these two candidates. The analysis examines three articles each from Le Figaro and Le …

Sahel Region In French Postcolonial Discourse: Macron's Production Of Space And Security Rhetoric, Azzahrah F. A Putri, Abellia Anggi Wardani Dr.

International Review of Humanities Studies

Between the Sahara Desert and the Sudanese Savannah, the Sahel region has become a contested geopolitical space. This study analyses how France is reconstructing its hegemony following its military withdrawal through the rhetoric of Emmanuel Macron (2021 and 2025). Using Critical Discourse Analysis (Fairclough, 1995) and the theory of spatial production (Lefebvre, 1974), this study examines how the discourses of “partnership” and “security” are employed to maintain French influence. Qualitative methods were applied to Macron's speeches, French media, and statements by former presidents of Sahel countries. The results show that France is redefining the Sahel as a ‘crisis zone’ requiring …

The Mediating Role Of Trust: How Cultural Factors Shape Consumer Acceptance Of Chinese Electric Vehicles In Jakarta, Indonesia, Suci Kuswardani, Ike Iswary Lawanda

International Review of Humanities Studies

This study examines the mediating role of consumer trust in the relationship between cultural factors and the purchase intention of Chinese Electric Vehicles (EVs) in Jakarta, Indonesia. While global EV adoption is often analyzed through techno-economic lenses, this research addresses a critical gap by investigating the under-explored socio-cultural dimensions that shape consumer behavior in emerging markets. Framed by an integrated theoretical approach combining Hofstede’s Cultural Dimensions, the Technology Acceptance Model (TAM), and Reception Theory, the study explores how local cultural values such as collectivism, uncertainty avoidance, and social status filter the acceptance of Chinese EV technology. A qualitative case study …

Songs Of Mahzani Of Woloan And Rukukan: From Ritual To Performance, Jeane Angela Manus, Priscila Fitriasih Fitriasih Limbong, Turita Indah Setyani, Muhammad Yoesoef

International Review of Humanities Studies

As one of oral traditions acknowledged in Woloan and Rurukan, Tomohon Minahasa, the songs of mahzani have long been sung in these two areas. As we understand that oral tradition would disappear from its community when it has lost its real function, this particular oral tradition has developed into staged performances. Songs of mahzani that had been practiced for generations as part of the mapalus traditions in the last decades has significantly decreased in line with the change of lifestyle of the people who practice it. Using qualitative method with an ethnographic approach, this article is to delve into the …

Algorithmic Management At Work: Collective Rights And Eu Regulatory Responses, Mariapaola Aimo, Laura Tebano

Comparative Labor Law & Policy Journal

This article provides a comprehensive analysis of the evolving European regulatory framework concerning Artificial Intelligence and Algorithmic Management in the workplace, focusing on the protection of workers’ collective rights. It first examines the Artificial Intelligence Act, arguing that its product-oriented and risk-based approach inadequately addresses workplace power imbalances. Although employment-related AI is classified as “high risk,” the Artificial Intelligence Act merely grants workers’ representatives a right to information, without ensuring consultation, and reveals a democratic deficit in the implementation phase, where technical standards are shaped by private interests. We then argue that traditional information-and-consultation mechanisms offer limited protection and are …

Originalist Arguments In Free Speech History, Samantha Barbas

Texas A&M Law Review

Contrary to what historians and legal scholars have often assumed, originalism has played an important role in American free speech history. During the 1950s, originalist interpretations of the First Amendment as prohibiting the crime of seditious libel became popular in legal argumentation, court rulings, and in popular culture more generally. The reason for the popularity of these arguments was the Red Scare. Liberal lawyers, judges, and scholars deployed originalist arguments in their battles against government anti-Communist measures. They argued that the original meaning and purpose of the First Amendment was the ban on punishment for criticism of the government, and …

Historical Methods Of Constitutional Interpretation And Political Gradations, Nelson Tebbe

Texas A&M Law Review

In this symposium Essay, I explore the hypothesis that as constitutional politics have become more assertive, historical methods of interpretation have become more prominent. In other words, the claim I would like to test is that the intensification of constitutional politics and the prominence of historical argument are correlated. Moreover, the relationship between the two appears to be linear. As arguments become bolder, they are more likely to deploy history as a method of interpretation. That proposition may seem counterintuitive, and it is intriguing.

Why Constitutional Argument Matters, Philip Bobbitt

Texas A&M Law Review

The program for this symposium promised that I would be discussing the “descriptive grammar of constitutional law.” To put my purpose less benignly, I should say that I mean to attack the practice of limiting what I will call “modal analysis” to its descriptive virtues. Part of that attack will be the claim that courts and their commentators should pay closer attention to the modal requirements of the fundamental forms of constitutional discourse, but not because straying from this is a kind of grammatical faux pas. After all, if the system I have urged for constitutional analysis—the system of …

Sakdiyah Ma’Ruf’S Stand-Up Comedy: Humor And Social Critique In The Digital Age, Fitrizal Rahmadhian, Shuri Mariasih Gietty Tambunan

International Review of Humanities Studies

Stand-up comedy can challenge dominant discourses and dismantle stereotypes. This research focuses on an Indonesian female stand-up comedian, Sakdiyah Ma’ruf. Using textual analysis, the study investigates recorded performances available on YouTube between 2014 and 2025. Sakdiyah addresses critical social issues, including religious fundamentalism, terrorism, sexism, and gender-based violence. The study explores how she constructs her comedic persona through narratives of personal identity and social critique, and how she employs humor to negotiate sensitive topics while remaining acceptable to diverse audiences. Findings reveal that her themes remain consistent across performances, while her humor strategies, including structured narratives, deliberate word choices, and …

The Role Of Mass Media In Reportig Natural Disastersn: A Multimodal Critical Discourse Analysis Of Gunther-Kress Photojournalism Of The Great Eastern Japan Disaster In The Yomiuri Shinbun Daily 11-13 March 2011, Moh Gandhi Amanullah, Faruk Faruk, Budi Irawanto

International Review of Humanities Studies

This article examines the role of the Japanese newspaper Yomiuri Shinbun in covering the great East Japan disaster on March 11-13, 2011. This study uses a quantitative and qualitative approach, with content analysis methods and Gunther-Kress multimodal critical discourse analysis methods on 98 photos published by the newspaper. The results show that the newspaper published a special edition twice, with photos that did not show photos of the deceased victims, creating a distance between the reader and the subject. Most of the photos were taken from a distance, indicating a lack of interaction and showing that the victims did not …