Digital Commons Network^™

When Environmental Provisions Acquire Primacy Over The Economic Interests – Case Comment Of The Preliminary Ruling In Case C-626/22 C.Z. And Others V Ilva, Katarzyna Błaszczak, Michał Krzaczek

Yearbook of Antitrust and Regulatory Studies

This case note analyses the Court of Justice of the European Union’s (CJEU) preliminary ruling in case C-626/22 (C. Z. and Others v Ilva). The Court interpreted the Industrial Emissions Directive (IED), ruling that Member States cannot derogate from minimum EU environmental requirements. The ruling established that environmental permits must consider all scientifically known harmful substances that could be emitted by installations. The Court also ruled that national regulations permitting repeated extensions to deadlines for installation operations, despite the identification of serious environmental and health risks, were incompatible with the IED. The CJEU’s interpretation confirms the primacy of environmental and …

The Political Dynamics Of Constitutional Law, Neal Devins

William & Mary Bill of Rights Journal

No abstract provided.

Disability Rights On Probation And Parole, Alexis Karteron

Michigan Law Review

This Article addresses disability discrimination in community supervision programs, a large—but frequently overlooked—component of the criminal legal system and important contributor to America’s mass incarceration crisis. The long-standing concerns of legal scholars and advocates about disability discrimination in prisons and policing, particularly against people with mental health disabilities, apply with equal measure to probation and parole. This Article examines the experiences of people with intellectual/developmental, cognitive, and mental health disabilities to understand how disability discrimination manifests in probation and parole programs and identifies numerous policies and practices that likely run afoul of two major federal disability rights laws: the Americans …

J Mich Dent Assoc December 2025

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 December 2025 (Volume 107, No. 11) issue of the Journal is published in a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in the new year.

This issue includes feature articles on the Michigan Dental Foundation, A Case for Credentialing Dental Assistants, and a feature …

Mda Insurance: Offer Group Health Insurance To Entice Recruits, Retain Valuable Staff, Craig Start

The Journal of the Michigan Dental Association

Amidst a competitive labor market, offering group health insurance is critical for attracting and retaining qualified dental staff, as it is the most highly valued employee benefit. Dentists can establish an employment policy stipulating cost-sharing for premiums, rather than paying the entire cost. The MDA strongly encourages investigating the exclusive MDA Health Plan, which offers 11 distinct plan designs powered by Priority Health. For 2026, the MDA Health Plan is increasing rates by only 4%, significantly lower than commercial group plans requesting double-digit increases (10% to 18%). Plans can be started at any time during the year, requiring about 30 …

Dentistry And The Law: Miscellaneous Questions About Dental Records, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses the legal requirements surrounding dental records. Dentists must furnish copies of records to patients or those acting on their behalf (with signed consent), but the original records should always be retained by the treating dentist. Patient information regarding care and treatment is confidential and privileged; disclosure requires written patient consent unless specific legal exceptions apply, such as court orders, defense of a claim, or HIPAA compliance for treatment, payment, or healthcare operations. Dentists must also obtain a signed release from the patient (or guardian for minors) before displaying "before and after" photos for commercial use to avoid …

United States V. Skrmetti: L’Identité De Genre Dans Le Droit Et La Politique De L’Égale Protection, Olatunde C.A. Johnson

Faculty Scholarship

French Abstract: L’article analyse l’arrêt United States v. Skrmetti, dans lequel la Cour suprême américaine juge que l’interdiction, par le Tennessee, des bloqueurs de puberté pour les mineurs trans ne viole pas la clause constitutionnelle d’égalité, dite clause « d’égale protection ». Refusant de considérer qu’il s’agit d’une discrimination fondée sur le sexe, la Cour applique le contrôle le plus déférent (base rationnelle) et accepte l’argument de l’État selon lequel il protège les mineur·es de risques médicaux incertains. L’auteure montre ici que cette approche s’inscrit dans un contexte plus large de lois et de décrets fédéraux visant les personnes …

Challenging The State To Protect The Right To A Future Healthy Environment, Grace Messimer

Cardozo International & Comparative Law Review (CICLR) Blog

Climate change litigation has been increasingly used in different countries to fight the climate crisis through various judicial systems. As of December 2022, there have been over 2,000 climate-related cases in international courts, federal courts, and more local courthouses, with litigation taking place in 65 different jurisdictions. Climate change litigation includes “cases that raise material issues of law or fact relating to climate change mitigation, adaptation or the science of climate change.”

This post was originally published on the Cardozo International & Comparative Law Review on January 21, 2025. The original post can be accessed via the Archived Link button …

Judicial Ethics, The Supreme Court, And The Rule Of Law, Charles G. Geyh

Articles by Maurer Faculty

This Essay begins with a short history of judicial ethics regulation in the United States, ending with the adoption of codes of conduct by every state and federal judicial system except the Supreme Court of the United States. It then turns to a series of ethics controversies encircling the Supreme Court and its justices, which culminated in the Supreme Court adopting a Code of Conduct in 2023. Tapping into the social science literature, it argues that for codes to improve the ethical climate of an institution they must encourage psychological ownership of and “buy-in” to a code by those subject …

Impact In Action: Your Michigan Dental Association Foundation, Anne Berquist

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) Foundation, a 501(c)3 non-profit, works to promote better dental health and support the future dental workforce through educational scholarships. The Foundation’s impact is increasing yearly, evidenced by a 42% increase in scholarship awards in 2024, providing $44,000 to 15 recipients. It also provides grants to statewide organizations delivering dental care to uninsured, impoverished, and underserved populations, awarding $141,500 in 2025. A high-profile program is the biannual Michigan Mission of Mercy (MOM), which provided over $1.1 million in donated care in Flint in 2024. Support is generated through various fundraisers, including the Year-End Fundraising Campaign.

Did Copyright Fail Music Artists?, Rachel Landy

Articles

Music soundtracks our lives, supports over two million domestic jobs annually, and is listened to more than ever before. The record industry is thriving, having made over $17 billion in 2024. Yet, many professional artists are barely surviving. Artists signed to record deals lament royalty payments that amount to a fraction of a penny for each stream of their songs. So where is all the money going, and who, or what, is to blame? Public rhetoric and existing legislative proposals implicate copyright as a guilty party. But are those concerns justified?

This Article unpacks the music supply chain. It builds …

Should The Army Be Involved In Divorce? Re-Examining The Pre-Divorce Defaults For Spousal Support, Artem M. Joukov, Thomas Godfrey

MC Law Review

Army Regulation 608-99 assigns a large portion of a Soldier’s paycheck to the spouse upon marital separation. The assignment occurs without a hearing, discovery, or consideration of critical evidence which might moderate the amount of support. The obligation rests on the Soldier to obtain a court order or spousal agreement to reduce the financial burden. The adversarial nature of modern divorces renders these requirements unrealistic. Amending the regulation would ease the burden of the Soldier, which is desirable in light of the ongoing recruitment crisis and the need to attract recruits and retain those already in the service.

Faculty List

MC Law Review

No abstract provided.

Brief Of Edward A. And Doris Zelinsky In The Appellate Division, Third Department, New York Supreme Court, Edward A. Zelinsky, Doris Zelinsky

Amicus Briefs

To combat COVID, New York in 2020 forbade an out-of-state employee like the petitioner to commute into his New York office, forcing him to instead work at his home in Connecticut. New York now takes the remarkable position that it can tax the income Governor Cuomo forced this out-of-state employee to earn at his home exclusively outside New York. That position is as wrong as it sounds.

Both as a matter of New York law and of federal constitutional law under the Due Process and dormant Commerce Clauses, New York may not tax the income the petitioner earned exclusively at …

Genocidal Accusation, Steven Arrigg Koh

Faculty Scholarship

To accuse of genocide — what does it mean? Genocidal accusation is ubiquitous today, evident more in the public square than in any courtroom. At first glance, such accusation seemingly relies on a central assumption: genocidal accusation is critical to preventing atrocity. This Article argues that this widespread assumption is incomplete, obscuring genocidal accusation’s dual nature. In fact, genocidal accusation encompasses not only laudable atrocity prevention (for example, the Rwandan genocide), but also problematic punitive, carceral discourse that brands the “other” as morally polluted (such as President Putin’s Ukraine invasion). It is thus challenging to evaluate such accusation in the …

Constitutional Obiter Dicta On Male-Male Sex And Fundamental Rights In Singapore, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

The Singapore Court of Appeal held a law prohibiting male–male sexual intercourse (s 377A of the Penal Code) unenforceable on non-rights-based grounds. The court's remarks about the rights to life and liberty (including whether sexual orientation is mutable), freedom of expression, and equality are obiter. But they are significant, since in Singapore, there are few constitutional rights cases and the courts focus on spelling out the limits to executive and legislative power without necessarily striking down exercises of such power on rights grounds. Indeed, the obiter dicta prompted the Legislature to repeal s 377A. Given the repeal, the obiter dicta …

The Problem With The Pursuit Of Pleasure And Why It Isn’T The Same As Joy, Seow Hon Tan

Research Collection Yong Pung How School Of Law

One is fleeting and depends on circumstances, the other comes from persevering in what one values and loving others.

Privacy And Disinformation, Tiffany C. Li

UC Law Journal

All three branches of the federal government have wrestled with how the law could or should regulate social media applications to mitigate the harms of disinformation. However, most proposed solutions make the same critical mistake: Lawmakers may focus on speech regulation or even economic regulation to solve for disinformation but these solutions do not actually address contemporary, technological vectors of disinformation. In today’s increasingly technologically driven global speech environment, the lynchpin for disinformation is not speech but data.

In particular, algorithmic personalization is a new, technological factor that makes disinformation especially harmful. Luckily, data protection and privacy regulation can greatly …

Realizing The Americans With Abilities Act: Promoting Civil Rights & Capabilities In The Service Of Individuals With Brain Injury, Zachary E. Shapiro, Tiffany Li, Kaiulani S. Shulman, Melisa Olgun, Chantelle Van Wiltenburg, Molly Teague, Emma Kromm, Brandy Allen, Elliot E.C. Ping, John D. Bowers, Rebecca Harris, Nayla Basma, Apurv Hirsh Shekhar, Gregory E. Antill, Megan S. Wright, Joseph J. Fins

UC Law Journal

Brain injuries often result in varying degrees of impairment to communication and cognitive processes, impeding an individual’s ability to engage in daily activities, participate in social interactions, and achieve independence. This paper builds upon our legislative proposal from Designing An Americans With Abilities Act: Consciousness, Capabilities, and Civil Rights, published in the Boston College Law Review in 2022. That paper proposed new legislation called “The Americans with Abilities Act” (“AWAA”), a comprehensive framework for the effective development, uptake, and utilization of advanced assistive technology (“AT”). These technologies aid individuals with brain injuries in realizing their capabilities and reintegrating into broader …

The First Amendment, Global Corporate Responsibility Standards, & The Quest For Online “Speech Nirvana”, Evelyn M. Aswad

UC Law Journal

With large and powerful social media companies operating as worldwide speech regulators, it is unsurprising that governments have attempted to not only regulate how these companies address platform speech but also pressure them to deliver preferred speech outcomes. In 2024, the Supreme Court decided two cases addressing both themes in the U.S. context. In Moody v. NetChoice, the Court explained how legislation regulating private platform curation of usergenerated content runs afoul of First Amendment protections. And, in Murthy v. Missouri, the Court appeared to erect significant hurdles to challenging alleged governmental coercion of such platforms. These cases have left many …

Wide Nets, Heavy Burdens: Unpacking Executive Order 14105’S Final Rule, Breanna Li

UC Law Journal

Executive Order 14105 “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern” was enacted to protect U.S. national security interests in light of China’s military technological growth. This Executive Order creates an outbound investment review program that restricts investments by a U.S. person into companies in specified countries operating in certain technology sectors. This Note will discuss the background of geopolitical tensions between the United States and China, review E.O. 14105, and argue that the program it creates results in burdensome unintended consequences to the U.S. economy. These unintended circumstances include: (1) high regulatory …

Insurance Under Fire: Assessing How California’S Insurance Industry Is Tackling The Wildfire Crisis And What’S Next, Mackenzie Paskerian

UC Law Journal

California is currently facing an insurance crisis. The increased impact of climate change, including extreme droughts and wildfires, poses new risks to the insurance industry, especially when it comes to homeowner’s insurance. Insurance providers have limited their homeowner coverage, with many companies leaving the state entirely due to the undervaluation of climate risk in the policies they provide. A so-called “climate insurance bubble” is already beginning to burst. The state’s last-resort public insurance program, the FAIR Plan, has expanded rapidly to fill in for the lack of insurance providers in the state. But because FAIR Plan policies are expensive and …

Religious Freedom & The Fertilized Egg, Rabea Benhalim

UC Law Journal

Anti-abortion activism and litigation have challenged established caselaw on the legality of in vitro fertilization (IVF) and the legal treatment of IVF fertilized eggs. These challenges rely on conservative Christian ideologies that full personhood occurs at fertilization. Litigation has primarily arisen out of wrongful death suits and divorce proceedings, wherein a party either has destroyed or seeks to dispose of frozen blastocysts. Some legislatures now seek to regulate the treatment of IVF fertilized eggs vis-á-vis legislation, as politicians increasingly seek to ban any destruction of human fertilized eggs by legally defining human life as beginning at fertilization. However, the question …

Brewing Solidarity: Rights Consciousness And Class Consciousness In Coffeeshop Organizing, Brishen Rogers

UC Law Journal

Almost ten thousand baristas have unionized since 2022 in cafes across the country. Their effort breaks with recent history in several respects. For example, baristas have used a novel “worker-to-worker organizing” model in which workers themselves—rather than union staff and leadership—design and manage campaigns. Also, while scholars and unionists have argued for decades that the National Labor Relations Board’s secret ballot elections process is a dead end, baristas have used that process quite effectively, winning over 85% of their elections against the major company involved. Through their organizing efforts, baristas have centered the issues and voices of LGBTQ+ workers and …

An Age Of Statutes Or An Age Of Executive Orders? Conflicting Judicial And Presidential Visions Of Policymaking, Daniel A. Farber

UC Law Journal

Two decades ago, then-Professor Elena Kagan hailed the era of presidential administration in which Presidents would launch major policy initiatives within the executive branch and end run congressional gridlocks. Since then, the President’s role in the regulatory state has snowballed. In his second term, President Donald Trump has used this authority to the utmost in a quantum leap in presidential administration. Paradoxically, the same Justices who have championed the unitary executive have created roadblocks to presidential policymaking. Overruling the Chevron doctrine, the Court has sought to cabin the role of agencies, and thus the newly supreme President, in statutory administration. …

Clark County Deputy Marshals Association And Raymundo Enriquez V. Clark County, A Political Subdivision Of The State Of Nevada; And The Eighth Judicial District Court Of The State Of Nevada, In And For The County Of Clark, 141 Nev. Adv. Op. 49 (Oct. 23, 2025), Adrienne Jack-Sands

Nevada Supreme Court Summaries

CLARK COUNTY DEPUTY MARSHALS ARE COURT EMPLOYEES, NOT PART OF A LAW ENFORCEMENT AGENCY EMPLOYED WITHIN THE EXECUTIVE DEPARTMENT

Transdisciplinary Perspectives On Ai: The Fourth Annual Conference Of The European Culture And Technology Laboratory, Connell Vaughan, Ioana Madalina Moldovan, Silivan Moldovan, Noel Fitzpatrick

Books/Book Chapters

The fourth annual conference of the ECT Lab+ was hosted by Technical University of Cluj-Napoca over two days in October 2024 at the Cluj Innovation Park. The conference brought together experts from the Arts, Humanities, Social Sciences, Technology, and other fields to discuss and reflect on the advent of Artificial Intelligence and how the associated technologies are transforming how we live, work and study. Under the title Transdisciplinary perspectives on AI: Alternative Histories, Current Practices and Possible Futures the conference moved beyond simplistic technophila and technophobia to consider whether we can co-evolve with these new technologies which combine machine learning …

Privacy And The Right To (Dis)Connect, Hugh Collins

Comparative Labor Law & Policy Journal

The rise of remote work and modern communications technology has blurred the boundaries between work and personal life, leaving many workers perpetually on call with little time for rest or personal activities. In response, some jurisdictions have adopted a “right to disconnect,” often framed as a ban on work communications during certain hours. However, such proposals are flawed: they are unnecessary, as workers already possess the legal right to ignore work communications outside contractual hours, and impractical, as many feel pressured to remain connected due to workplace norms and career concerns. This article argues for a reconceptualisation of the “right …

Lost In Translation: Is Data Protection Labour Law Protection?, Michele Molè

Comparative Labor Law & Policy Journal

This article critically examines how the European General Data Protection Regulation (GDPR) defines and applies the legal categories of “data subject” and “data controller” within employment relationships. Under the GDPR, employers who collect and process personal data are classified as data controllers, while employees are designated as data subjects. However, this article argues that such a “translation” of data protection categories, rights, and obligations into the regulation of workplace dynamics requires closer examination. The focus is on evaluating whether the GDPR’s rights and obligations for data subjects and data controllers accurately capture the agency and interests of employee and employer …

Comment - The Collective Aspect Of Job Seekers’ Data Rights, Katrina Ligett, Ayelet Gordon-Tapiero

Comparative Labor Law & Policy Journal

THE WORKPLACE is a complex and dynamic environment that mirrors societal relations and interactions. Given the inherent imbalance of power between employers and workers, as well as the lack of bargaining power of any individual worker, worker unions have emerged to provide workers with a collective voice and place them on more even footing with their employers, allowing them to achieve more than any single worker could on their own (Bok, 1971). Through the assertion of their members’ collective rights, worker unions have played a pivotal role in promoting rights such as fair wages, safe work conditions, health benefits, and …