Open Access. Powered by Scholars. Published by Universities.®

Business Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1 - 30 of 7164

Full-Text Articles in Business

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak May 2024

Beyond Amateurism: Examining The Potential Labor Expenses Of Ncaa Student-Athlete Employment, Alayna K. Falak

Honors Thesis

In light of recent administrative developments urging the classification of student-athletes as employees, litigation challenging the current status of student-athletes, and the Supreme Court’s willingness to tackle National Collegiate Athletic Association (NCAA) issues, many questions surrounding the future of college sports under an employment model have emerged. The authors analyzed key litigation, recent developments from administrative agencies, and academic literature. Then publicly available data was used from the NCAA, the United States Department of Labor (DOL), and other sources to construct two estimates of what it would cost the NCAA member institutions to treat their Division I athletes as employees. …


Supporting Text And Data Analysis Across Campus From The Academic Library, Amy Kirchhoff, Hejin Shin Dr. Apr 2024

Supporting Text And Data Analysis Across Campus From The Academic Library, Amy Kirchhoff, Hejin Shin Dr.

Digital Initiatives Symposium

The ability to comprehend and communicate with text-based data is essential to future success in academics and employment, as evidenced in a recent survey from Bloomberg Research Services which shows that nearly 97% of survey respondents now use data analytics in their companies and 58% consider data and text mining a business analytics tool (https://www.sas.com/content/dam/SAS/bp_de/doc/studie/ba-st-the-current-state-of-business-analytics-2317022.pdf). This has fueled a substantial growth in text analysis research (involving the use of technology to analyze un- and semi-structured text data for valuable insights, trends, and patterns) across disciplines and a corresponding demand on academic libraries to support text analysis pedagogy and text analysis …


We’Re In This Together, So Be The Best Human You Can Be, Michelle C. Dziurgot Dds Feb 2024

We’Re In This Together, So Be The Best Human You Can Be, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The editorial reflects on the shared human experiences that bind us together, using a travel delay as a backdrop. The author highlights personal growth during a trip to Europe and emphasizes the importance of common bonds among people, whether through travel, education, or shared moments. The narrative urges readers to step out of their comfort zones and be compassionate, contributing to a happier and more connected world.


Advocacy Spotlight: 2024 Regulatory Reminders, Neema Katibai Jd Feb 2024

Advocacy Spotlight: 2024 Regulatory Reminders, Neema Katibai Jd

The Journal of the Michigan Dental Association

The Advocacy Spotlight column delves into critical regulatory reminders for dentists in 2024, emphasizing compliance challenges and potential disruptions to practice. Key areas covered include licensing, amalgam separator renewal, electronic prescribing, and Beneficial Ownership Information reporting. The article stresses the importance of staying informed about evolving regulations to ensure seamless practice operations.


Dentistry And The Law: When Must A Data Breach Be Reported?, Daniel Schulte Jd Feb 2024

Dentistry And The Law: When Must A Data Breach Be Reported?, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This dentistry and the law column addresses the necessity of reporting a potential HIPAA data breach involving missing patient records. The author explains the criteria outlined in the HIPAA Breach Notification Rule and emphasizes the importance of a thorough risk assessment. The dentist must evaluate the nature of the protected health information and whether an unauthorized person acquired it. The article details the steps for reporting, including individual notices to affected patients and the U.S. Secretary of Health and Human Services, with distinctions based on the number of individuals affected.


Staff Matters: Do I Really Need An Employee Handbook?, Jodi Schafer Sphr, Shrm-Scp Feb 2024

Staff Matters: Do I Really Need An Employee Handbook?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

This article underscores the importance of having an employee handbook for even small practices. It emphasizes the handbook as a crucial tool for communicating expectations, providing a defense against employment claims, and ensuring legal compliance. The author advises on essential policies related to legal requirements, "At-Will" status, conduct, compensation, benefits, communication, attendance, and discipline. The article stresses the significance of well-crafted policies to avoid confusion and legal liabilities, recommending professional review before implementation.


Mda Foundation: What A Difference A Smile Makes, Anne Berquist Feb 2024

Mda Foundation: What A Difference A Smile Makes, Anne Berquist

The Journal of the Michigan Dental Association

The 2023 round of scholarships awarded by the MDA Foundation totaled $31,000, more than twice the amount awarded in 2022. As a recipient of the MDA Foundation's Dr. George L. Bletsas Scholarship, Maya Scott, now a dental student, is dedicated to advocating for underserved minorities. Scott's journey into dentistry was shaped by her personal experiences with dental care and her desire to address health disparities. Growing up in challenging circumstances, orthodontic treatment transformed her smile and ignited her interest in dentistry. Her scholarship facilitates participation in dental missions and eases living expenses. With aspirations for general dentistry in underserved areas, …


February 2024 Feb 2024

February 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

  • The February issue previews the 2024 Annual Session in Lansing, highlighting 61 courses, 48 speakers, and Michigan’s largest dental exhibit hall
  • A Feature article on The MDA Member Assistance Program: Real Help When You Need It
  • News You Need, including The MDA announcement of John Tramontana as the new CEO/executive director
  • The MDA Student Debt Resource Center
  • Updates on the MDA website refresh
  • Celebrating National Children’s …


The Mda Member Assistance Program: Real Help When You Need It, Lisa Knowles Dds Feb 2024

The Mda Member Assistance Program: Real Help When You Need It, Lisa Knowles Dds

The Journal of the Michigan Dental Association

This health and well-being feature focuses on the MDA Member Assistance Program, an invaluable resource for dentists navigating the myriad challenges of professional and personal life. The author shares personal experiences and testimonials, highlighting the diverse benefits offered by the program, from mental health counseling to work-life resources. The article emphasizes the program's accessibility, confidentiality, and the wide range of topics it addresses, making it a crucial tool for dentists seeking support and guidance.


Decentralized Autonomous Organizations: To Statutorily Organize Or Not?, David M. Grant, Eric M. Kirby, Steven Hawkins Feb 2024

Decentralized Autonomous Organizations: To Statutorily Organize Or Not?, David M. Grant, Eric M. Kirby, Steven Hawkins

Wyoming Law Review

This Article explores the evolving concept of decentralized autonomous organizations (DAOs) in the context of Web3 technology. It raises critical questions about whether DAOs truly represent a step forward in limiting liability in entity governance structures or if they risk centralizing the decentralized. The text discusses the potential of DAOs to address regulatory and tax challenges while also highlighting concerns about their legitimacy and security. It compares the governance structures of traditional entities to DAOs and contemplates the reasons for formal organization pursuant to state statute. The Article further delves into some of the statutory laws in specific states recognizing …


Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu Feb 2024

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …


The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza Jan 2024

The Angel Wears Prada, The Devil Buys It On The Realreal: Expanding Trademark Rights Beyond The First Sale Doctrine, Junajoy Vinoya Frianeza

Pepperdine Law Review

Luxury brands derive their goodwill from the high-class exclusivity and first-rate quality signified in their trademarks. The Trademark Act of 1946, commonly known as the Lanham Act, grants trademark holders the right to control use of their mark. However, under common law, the first sale doctrine restricts trademark protection after holders authorize the initial sale of their trademarked product. Such limitation particularly jeopardizes the luxury industry as trademark holders ultimately bear the loss of goodwill when counterfeit luxury goods enter the market due to the negligence of resellers. This Comment illustrates how blockchain authentication offers all luxury industry participants—the brands, …


Innovative Virtual Wellness Interventions At An Academic Medical Center: A Pilot Feasibility Study, Ritika Baweja, Michael Hayes, Aditya Joshi, Raman Baweja Jan 2024

Innovative Virtual Wellness Interventions At An Academic Medical Center: A Pilot Feasibility Study, Ritika Baweja, Michael Hayes, Aditya Joshi, Raman Baweja

Journal of Wellness

Introduction: There is generally a concerning likelihood of burnout in healthcare workers. Given the impact of COVID-19 on healthcare workers, our institution identified the need for wellness interventions to foster adaptive functioning and mitigate burnout. The purpose of this pilot project was to assess the feasibility of virtual holistic interventions like meditation, art, laughter therapy and dance and their impact on overall well-being of physicians and advanced practice providers (APPs).

Methods: A series of 12 virtual sessions (art therapy, dance therapy, mindfulness-based practices/meditation and laughter therapy) were offered to providers over a 6-month period. Participants completed an online survey reporting …


Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd Jan 2024

Henderson Named One Of The Most Influential People In Legal Education, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

Indiana University Maurer School of Law Professor Bill Henderson has once again been recognized as one of the most influential people in legal education, but he’s not the only one with ties to the Law School on this year’s list.

The National Jurist ranked Henderson #18 on its list. Kellye Testy, a 1991 alumna of the Law School and president and CEO of the Law School Admission Council, is ranked second.


Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Gutte Jan 2024

Anti-Patents, Roy Baharad, Stuart Minor Benjamin, Ehud Gutte

Faculty Scholarship

Conventional wisdom has long perceived the patent and tort systems as separate legal entities, each tasked with a starkly different mission. Patent law rewards novel ideas; tort law deters harmful conduct. Against this backdrop, this Essay uncovers the opposing effects of patent and tort law on innovation, introducing the "injurer-innovator problem." Patent law incentivizes injurers --often uniquely positioned to make technological breakthroughs--by allowing them to profit from licensing their inventions to competitors. Yet tort law, by imposing liability for failures to invest in care, forces injurers to incur the cost of implementing their own innovations. When the cost of self-implementation …


Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner Jan 2024

Populist Politics And International Business Policy: Problems, Practices, And Prescriptions For Mnes, Paul Vaaler, Christopher Hartwell, Barclay James, Thomas Lindner, Jakob Müllner

Articles

In this editorial introduction to the Special Issue on populism, we discuss different approaches to defining populism in ways relevant to multinational enterprise (MNE) strategy and organization. In addition, we demonstrate how populist host-country government policies often target MNEs in ways that give rise to distinctly new forms of discriminatory treatment. This theoretical background sets the stage for the papers of this Special Issue, explaining the origins of these populist host-country government policies and the impact of such policies on FDI and international trade. We conclude with various suggestions for advancing IB policy research on populism, including building a better …


Setting The Foundation For A Lifetime Of Oral Health, Samuel Blanchard Dds, Ms Jan 2024

Setting The Foundation For A Lifetime Of Oral Health, Samuel Blanchard Dds, Ms

The Journal of the Michigan Dental Association

In this Children’s Dental Health Month article, the Michigan Academy of Pediatric Dentistry emphasizes the crucial role of relationships and trust in pediatric dentistry. Highlighting the significance of collaborative efforts between dental societies, the commentary discusses the impact of professional connections on patient care. The author shares personal insights on transitioning in their career, underscoring the value of cultivated relationships. The age-1 dental visit is highlighted as a powerful preventive measure to establish rapport and empower parents with oral health knowledge. The article emphasizes the enduring benefits of building connections in promoting lifelong oral health.


Silver Diamine Fluoride As A Caries Management Option For The Young Child, Giovana Anovazzi Medeiros Dds, Msc, Phd, Chia-En Tsai Dds, Ms, Nita Singh Dds, James R. Boynton Dds, Ms Jan 2024

Silver Diamine Fluoride As A Caries Management Option For The Young Child, Giovana Anovazzi Medeiros Dds, Msc, Phd, Chia-En Tsai Dds, Ms, Nita Singh Dds, James R. Boynton Dds, Ms

The Journal of the Michigan Dental Association

Dental caries is among the most-common childhood diseases around the world, and neglected caries can result in pain, infection, and can have a negative cascading impact on a child’s overall well-being. Definitive care of these lesions involves restorative procedures and/or extractions, but these treatment options require some level of child cooperation, which can sometimes be a challenge with very young children.

Silver diamine fluoride (SDF) is a non-invasive treatment intended to arrest the caries process. SDF is a liquid solution that contains a high concentration of silver and fluoride ions and has been used as an alternative agent for treating …


Pediatric Dentists’ Considerations Concerning Obesity-Related Education For Parents Of Young Children: Who Should Educate About What, How And When?, Arianne Swanson Dds, Ms, James R. Boynton Dds, Ms, Larry B. Salzmann Dds, Yu-Ju Yang Dds, Marita R. Inglehart Dipl. Psych., Dr. Phil., Dr. Phil. Habil Jan 2024

Pediatric Dentists’ Considerations Concerning Obesity-Related Education For Parents Of Young Children: Who Should Educate About What, How And When?, Arianne Swanson Dds, Ms, James R. Boynton Dds, Ms, Larry B. Salzmann Dds, Yu-Ju Yang Dds, Marita R. Inglehart Dipl. Psych., Dr. Phil., Dr. Phil. Habil

The Journal of the Michigan Dental Association

This study aimed to explore pediatric dentists' perspectives on obesity-related interventions for parents of young children. A web-based survey was administered to 210 American Academy of Pediatric Dentistry members. Findings revealed that respondents considered it important for various healthcare professionals, especially pediatricians and nurse practitioners, to engage in obesity-related parent education. Strong consensus existed on educating parents about the link between early childhood caries and diet, soft drink and fruit juice consumption, and healthy snacking. The study also found positive attitudes correlated with increased engagement in objective weight determination, data collection, and diet/nutrition counseling.


Staying Focused On A Moving Target: Coping With Change, North Shetter Dds Jan 2024

Staying Focused On A Moving Target: Coping With Change, North Shetter Dds

The Journal of the Michigan Dental Association

Amid rapid changes in dentistry, this commentary addresses strategies to manage stress and maintain professional balance. Drawing parallels to Moore's Law in technology, the author emphasizes the need for a balanced life, integrating work, play, love, and worship. The concept, rooted in the Pankey Philosophy, aligns with principles from Stephen Covey's Seven Habits. Core skills, including patient relationships, foundational dental practices, periodontal health, occlusion, and perpetual learning, are deemed essential. The article underscores the importance of personal dental health and advocates for study clubs to share, learn, and mentor, fostering a positive professional environment amid evolving technologies and information overload.


The Pacesetter Style Of Leadership, Michelle C. Dziurgot Dds Jan 2024

The Pacesetter Style Of Leadership, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

This editorial explores the pacesetter leadership style, likening it to a marathon "rabbit" setting a fast pace. Pacesetters, exemplified by figures like Jack Welch and James Cameron, set ambitious goals, driving themselves and their teams relentlessly. While effective in achieving short-term goals and maximizing team potential, drawbacks include employee stress, lack of feedback, and a "rat race" atmosphere. The author, a self-identified pacesetter with a compassionate approach, emphasizes the importance of balancing high standards with employee well-being for sustained success.


January 2024 Jan 2024

January 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

The January issue sets the foundation for Children’s Dental Health Month in February, the reader will find the following original content:

  • A cover commentary on Pediatric Dentistry
  • A feature article on “Silver Diamine Fluoride as a Caries Management Option for the Young Child”.
  • A feature on “Considerations Concerning Obesity-Related Education for Parents of Young Children”.
  • Professional advice commentary on “Staying Focused on a Moving Target: Coping …


Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd Jan 2024

Advocacy Spotlight: Telehealth Regulations For Dentistry Established, Neema Katibai Jd

The Journal of the Michigan Dental Association

The article discusses the rise of telehealth in the last three years and its implications for dentistry, focusing on recent rulemaking by the Michigan Board of Dentistry. The regulations address key aspects such as definitions, informed consent, scope of practice, and prescribing medications. Dentists must comply with HIPAA and state/federal privacy regulations when using telehealth. Notably, the rules restrict teledentistry delegation to allied personnel after an in-person visit within 24 months. The article emphasizes the importance of understanding and following these regulations for legal telehealth use, reimbursement, and malpractice coverage. The Michigan Dental Association advocates for sensible teledentistry laws to …


Ada Report: Ada Board Discusses Membership, Looks Ahead To 2024, Michele Tulak-Gorecki Dds Jan 2024

Ada Report: Ada Board Discusses Membership, Looks Ahead To 2024, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

The ADA Board of Trustees' annual retreat prioritized board development, emphasizing individual strengths and effective communication. Key topics included the Tripartite Membership Model Pilot, a dental school collaboration strategy, and sponsorship for the National Academies of Medicine Oral Health Project. Updates from ADA leaders highlighted initiatives like the Lessons in a Lunchbox program, ADA app improvements, legislative support for young dentists, and workforce solutions. The report concludes with a call to share the ADA story and promote collaboration.


Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Daniel Schulte Jd Jan 2024

Dentistry And The Law: Know The Facts About Noncompete And Liquidated Damages Agreements, Daniel Schulte Jd

The Journal of the Michigan Dental Association

Navigating dental employment agreements involves understanding the enforceability of non-compete and liquidated damages provisions. While these aim to protect the employer's business, courts may scrutinize their reasonability. In Michigan, noncompete terms of two years or less are generally deemed reasonable, and the restricted area must align with the patient base. A $15,000 liquidated damages amount per patient might face challenges, as it should relate reasonably to actual damages. Courts may also consider equitable factors and the employer's adherence to the agreement. Both employers and employees benefit from reasonable restrictions, avoiding potential legal disputes.


Staff Matters: Are There Risks To Using Ai In Our Practice?, Jodi Schafer Sphr, Shrm-Scp Jan 2024

Staff Matters: Are There Risks To Using Ai In Our Practice?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

As your practice adopts AI for hiring processes, it brings efficiency but also potential pitfalls. The increasing use of AI, such as ChatGPT, streamlines tasks like resume screening, but caution is essential. Recent executive orders emphasize safety assessments and civil rights in AI. The Equal Employment Opportunity Commission focuses on transparency and consent in recruitment AI use. Legal compliance is vital to prevent discrimination; criteria like education and experience must be applied consistently. Additionally, employee monitoring AI requires careful implementation, ensuring transparency and human oversight. While AI offers benefits, its workplace integration demands careful consideration, testing, and ongoing evaluation.


Mda Services: Yes, You Can Recoup Your Dues With Mda-Endorsed Programs, Reva Darling Jan 2024

Mda Services: Yes, You Can Recoup Your Dues With Mda-Endorsed Programs, Reva Darling

The Journal of the Michigan Dental Association

MDA Services Report highlights how being an organized dentistry member can yield significant financial returns through MDA-endorsed products and services. By leveraging just eight of the 32 endorsed offerings, potential savings of $25,659 are achievable. Key endorsed services include Best Card for credit card processing, iCoreConnect for software needs, Quality Dental Plan for in-office dental plans, The Dentists Supply Company (TDSC.com) for supplies, ProSites for website and e-marketing, D-MMEX Easyrefine for precious metal refining, Eagle Associates for regulatory compliance, and Dental Business Specialists for accounting. Members are urged to explore the range of endorsed programs for comprehensive benefits.


Mda Foundation: 2024 Promises Great Things From The Mda Foundation, Anne Berquist Jan 2024

Mda Foundation: 2024 Promises Great Things From The Mda Foundation, Anne Berquist

The Journal of the Michigan Dental Association

The MDA Foundation is making significant strides in supporting dental and hygiene students and the community. In a recent announcement, 12 scholarships totaling $31,000 were awarded, thanks to donor generosity. The Foundation's upcoming Sparkling Smiles Celebration will provide an opportunity to meet scholarship recipients and acknowledge donors. The primary focus in June will be the Mission of Mercy event in Flint, aiming to offer essential dental care to up to 2,000 individuals. Volunteers are encouraged to participate, and financial support can be pledged online. Ongoing efforts include fundraising for the Karen Burgess Scholarship Endowment and the upcoming MDA Foundation golf …


Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten Dec 2023

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …


Loophole Entrepreneurship, Brian M. Sirman Dec 2023

Loophole Entrepreneurship, Brian M. Sirman

Fordham Journal of Corporate & Financial Law

All entrepreneurs seek favorable legal or regulatory treatment for their businesses. Sometimes this leads an entrepreneur to build a business within a gap in the law—a loophole. In so doing, these “loophole entrepreneurs” may avoid steep regulatory compliance costs that otherwise would beset (or perhaps prohibit) their businesses, thereby gaining advantages over competitors. Despite these benefits, loophole entrepreneurship is fraught with risks. Loopholes, by nature, are fragile, and their contours are often uncertain. Moreover, the stigma of “exploiting a loophole” (which connotes unfairness or deception) can provoke ill will among competitors, policymakers, and the public.

The ranks of loophole entrepreneurs …