Law Commons^™

Visual Arts Are The Only Arts With Morals: Generative Ai And Aural Arts, Megan Pilege

UMKC Law Review

No abstract provided.

Changing The Definition Of Medical Expenses To Include Preventative Health: The Phit Act, Amy Bantham, Tom Richards, Mike Goscinski

UMKC Law Review

No abstract provided.

Wellness, Transhumanism, And The Death Of Health Law, Leah Fowler

UMKC Law Review

No abstract provided.

Sacred Wellness, Haley Palfreyman Jankowski

UMKC Law Review

No abstract provided.

Should All Entry Points To Wellness Be Regulated Equally? What Mapping Existing And Emerging Entry Points Reveals, Tanya E. Karwaki

UMKC Law Review

No abstract provided.

Illness/Wellness, Ableism & Perfectibility In The Tax Code, Diane Klein Kemper

UMKC Law Review

No abstract provided.

The Wellness Data Conundrum: Privacy, Power, And Regulation Beyond Hipaa, Gary Hsuanyu Liu

UMKC Law Review

No abstract provided.

Wellness Influencer Scienceploitation: An American Medicine Show Revival, Jennifer D. Oliva

UMKC Law Review

No abstract provided.

Rewriting The Playbook: The X’S And O’S Of The House Settlement And The Future Of Student-Athletes’ Voice In Their Compensation, Matthew K.V. Glazer

Seattle University Law Review

Since the formation of the National Collegiate Athletic Association (NCAA) in the 1900s, collegiate athletes (student-athletes) have been prohibited from using their own name, image and likeness (NIL) for profit. But on July 1, 2021, the NCAA changed course and began allowing student-athletes to profit from their own NIL. In the past few years, U.S. college athletics have undergone significant changes, most notably introducing monetary compensation for student-athletes’ NIL. While these changes were long overdue and ultimately beneficial, they have significantly disrupted the landscape of college sports, giving rise to numerous challenges that some experts have compared to the “Wild …

Mr. Trump Goes To Washington Part Ii: A Review Of Richard Delgado's 2025, Kevin Johnson

Seattle University Law Review

Richard Delgado’s The Rodrigo Chronicles have captivated a generation of law students and legal scholars.  Mapping the terrain of race, racism, and Critical Race Theory (CRT), the skillful, and long-running narrative series stands as a testament to Delgado’s dedication to justice for all.

The Rodrigo Chronicles are simply one of Delgado’s many intellectual contributions and part of an unparalleled scholarly legacy.  As one of the founders of CRT, he produced a landmark body of scholarship –authoring the field's primary text,  making the argument for the regulation of hate speech,  forcefully challenging the Black/white binary of civil rights that long dominated …

Off-Label Neuroimaging, Jane C. Moriarty

Law Faculty Publications

The growth of neuroimaging evidence in the courtroom is consistent with the increased reliance on technical and machine-based specialties at trial. Litigants routinely seek to introduce neuroimaging evidence in both civil and criminal trials to supplement traditional medical, psychiatric, and psychological opinion testimony. A substantial portion of neuroimaging evidence is still in the developmental stage—what I term “off-label neuroimaging.” Unsurprisingly, evaluating the reliability of developing neuroimaging poses challenging questions for gatekeeping courts. Among the complex evidentiary issues neuroimaging presents for courts and litigants, this Article considers one foundational question: How should courts determine whether neuroimaging evidence is sufficiently reliable for …

Dentistry And The Law: The Need To Designate A Patient Of Record, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column addresses the legality of delegating dental procedures to hygienists before a dentist has examined the patient. Author Dan Schulte clarifies that under Michigan’s Administrative Code, procedures may only be delegated if the individual is a "patient of record". This status requires a dentist to have personally performed an evaluation and diagnosis within the previous 24 months. Consequently, seeing new patients for cleanings or X-rays before a dentist's involvement is non-compliant with state law.

Staff Matters: How Much Time Off Should I Give For Bereavement?, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Author Jodi Schafer provides guidance for dental practices on developing clear and consistent bereavement leave policies. She notes that while no federal law requires bereavement leave, standard employer practice typically offers three to five days for immediate family members. The article emphasizes balancing compassion for grieving employees with the operational needs of the practice. Key considerations include whether leave is paid, the definition of covered relationships, and the importance of flexibility, as grief often extends beyond a formal leave period.

What Personhood Means, Laura Portuondo

Michigan Law Review

A review of Personhood: The New Civil War over Reproduction. By Mary Ziegler.

Reflections And Revisionism: Rethinking The U.S. Response To Covid-19, Wendy E. Parmet

Michigan Law Review

A review of In Covid’s Wake: How Our Politics Failed Us. By Stephen Macedo and Frances Lee.

Ai, Medicine, And Social Determinants Of Health Data, Ryan Doyloo, Nicholson Price

Articles

This article examines how medical AI systems are incorporating SDoH data and the governance challenges that follow. The authors show that while SDoH integration can enhance clinical workflows and predictive accuracy — potentially improving outcomes for underserved populations — it also introduces acute risks of proxy discrimination, where facially neutral variables replicate protected characteristics. Surveying U.S., EU, and international frameworks, the authors argue that existing regimes lack clear ex ante guidance to distinguish beneficial from harmful uses of SDoH data. In response, they advance post-market monitoring as a pragmatic and scalable pathway: generating real-world, SDoH-stratified evidence that can support enforcement, …

Science-Related Rhetoric And Action By United States Presidents From 1977-2017, Amanda E. Shea

Interdisciplinary Studies

Presidential rhetoric and executive action have played an important role in shaping how scientific issues are presented to the American public. This project examined how United States presidents from Jimmy Carter through Barack Obama (1977–2017) employed science-related rhetoric and policy regarding climate science and reproductive health. Findings suggest that reproductive health remained a partisan issue throughout the study period, while climate science shifted from a largely bipartisan concern to a more partisan one over time. The results also indicate that presidential rhetoric and executive action were not always aligned, with several administrations using science-related rhetoric more extensively than corresponding policy.

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

How The Dod Discourages Military Families From Seeking Mental Health Counseling, Christina Welch

Seattle University Law Review

The Department of Defense’s (DoD) administration of the Exceptional Family Member Program (EFMP) presents significant barriers to mental health care access for military spouses and children. This paper explores how the EFMP, though designed to support military families with special needs, inadvertently creates barriers to mental health treatment. Military family members often do not seek mental health treatment to avoid the program's mandatory enrollment requirements. Military family members often view enrollment in the program undesirable because enrollment can restrict the pool of potential future duty assignment locations that are available to service members.

The lack of comprehensive data collection by …

2025, Richard Delgado

Seattle University Law Review

"In a cutting and provocative social critique in one of the more extended Rodrigo Chronicles, Richard Delgado in 2025 employs skillful narrative—one of CRT’s many contributions to legal scholarship —to tell a gripping story of just how far the nation has descended into darkness with President Trump’s re-election. In Delgado’s vision, law professors—along with other political opponents of the President: immigrants, people of color, LGBTQ+ people, women, the underserved—have targets on their backs."

-excerpt from Kevin Johnson's review of 2025

The Preventative Care Gap: Completing The Aca’S Vision For Health, Abby Nagaich

Seattle University Law Review

This Note examines the preventive care mandate under the Affordable Care Act (ACA) and the legal, political, and practical challenges that threaten its effectiveness. While the ACA significantly expanded access to no-cost preventive services, gaps remain—particularly in behavioral health, obesity management, and equitable service delivery. Ongoing litigation, potential administrative rollbacks, and shifting political leadership further destabilize this critical component of public health policy.

This Note argues that for the ACA to fulfill its original promise—and for any health framework to succeed—preventive care must be redefined as a comprehensive, early intervention approach grounded in both systemic access and patient education. It …

J Mich Dent Assoc June 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-plus members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons.

The June 2026 (Volume 108, No. 6) issue of the Journal is published in 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.

The June 2026 issue of the Journal of the Michigan Dental Association provides association updates, legal advice, and clinical …

Optimizing Vitamin A Intervention: Strengthening Supplementation With Targeted Biscuit Fortification, Mayfa Yemima Simanjuntak, Nadia Amanda, Yuli Berliana Simanjuntak, Carissa Wityadarda, Lesta Livolina Simamora

Journal of Indonesian Health Policy and Administration

Vitamin A deficiency (VAD) remains a persistent public health challenge in Indonesia, particularly among children under five and breastfeeding mothers. This study aimed to analyze the distribution of vitamin A interventions and assess the potential of biscuit fortification as a complementary strategy. This study employs a literature review using the Health Policy Triangle (HPT) framework, examining policy context, content, key actors, and implementation processes related to vitamin A interventions. The analysis was conducted using secondary data from government reports, international agencies, and peer-reviewed literature published between 2018 and 2025, with comparative evidence from Vietnam, Bangladesh, and Ghana. The findings show …

Planned Parenthood Mar Monte, Inc. V. State Ex Rel. Office Of The Nevada Attorney General (Civil), 142 Nev. Adv. Op. 40 (May 28, 2026), Charnel Gibson

Nevada Supreme Court Summaries

Nevada’s parental notification abortion statute is likely unconstitutionally vague because it fails to provide physicians with adequate notice of the conduct required and permits arbitrary enforcement.

Avoiding Pandora’S Box: Why Federal Nondiscrimination Statutes Do Not Prohibit Health Insurance Coverage Exclusions Of Sex-Rejecting Procedures, Rachel N. Morrison

Catholic University Law Review

There is increasing litigation over whether employer-provided health insurance and state Medicaid plans can exclude coverage of procedures for “gender transitions.” Plaintiffs claim that gender-transition coverage exclusions violate the Equal Protection Clause of the Fourteenth Amendment and federal nondiscrimination statutes. While Fourteenth Amendment claims should be foreclosed by the Supreme Court’s holding in Geduldig v. Aiello, nondiscrimination claims require a separate analysis.

This article shows the proper analysis for whether coverage exclusions of transition procedures violate federal nondiscrimination statutes. Looking to the history of coverage exclusion claims, Part I traces sex and pregnancy discrimination claims challenging coverage exclusions of …

"Market Shift Liability" For Generic Drugs: Market Share Theory's Eccentric New Cousin, Lars Noah

Texas A&M Law Review

Market share liability, which permits allocating proportional responsibility to each tortious member of an industry when victims cannot identify the exact source of their injurious exposure, enjoyed its judicial heyday in the 1980s. It originated in the peculiar setting of litigation over a distinctive cancer that developed decades after in utero exposure to the drug diethylstilbestrol (“DES”), which a few hundred companies had produced and sold for the prevention of miscarriages before federal regulators withdrew it from the marketplace. Although judges have occasionally attempted novel extensions of this theory to other products, and academic commentators remain fascinated by its use, …

Regulating Beauty: Advertising Restrictions, The First Amendment, And The Rise Of Social Media Models, Annie Miner

BYU Law Review

Unrealistic beauty standards in advertising have long raised concerns about their effects on body image and eating disorders, particularly for young women. While traditional means of advertising often use extremely thin models and digitally altered images, the shift in the advertising landscape towards an increased use of social media presents new challenges. Influencers have largely replaced models in advertising, and they often present unrealistic beauty standards, altered images, or dangerous eating and exercise habits to their young, impressionable audiences. In response to these concerns, several countries, including France, Norway, and Israel, have adopted regulations banning the use of ultrathin models …

The Consequences Of Dobbs V. Jackson Women’S Health Organization, Kimber Garcia

Themis: Research Journal of Justice Studies and Forensic Science

Dobbs v. Jackson Women’s Health Organization came into effect in 2022, and the right to get an abortion was withdrawn for many birthing people; abortion care was no longer protected federally, and states could make their own legislation. This work reviews abortion care procedures, abortion legislation history in the United States, how religion and sexism influence legislation, and the negative effects of antiabortion legislation. The research finds that antiabortion legislation that makes it difficult or illegal to get abortion care inflicts health risks upon birthing people as well as a fear of prosecution. This fear extends to medical professionals, burdening …

Liberty In Death? An Analysis Of The Ethics And Laws Regarding Physician-Assisted Suicide, Ross Leavitt

DePaul Journal of Health Care Law

I seek to analyze physician-assisted suicide with the following two goals in mind: (1) Evaluating how ethical and legal arguments surrounding suicide developed throughout history and how they inform our understanding today; (2) What a regulatory scheme governing physician-assisted suicide looks like and if it can adequately safeguard the interests of the individual and the collective.

Uninformed Consent: Legal Failures In The Treatment Of Female Patients, Eva Zagarzhevskaya

DePaul Journal of Health Care Law

Surgeries are a common practice globally, with 51.4 million procedures performed in the United States alone. [1] Going in for a procedure typically has a variety of risks involved such as shock, wound infection, or a bad reaction to anesthesia. [2] However, a risk no patient should have to consider is the risk of an alternative exam being performed on them without their knowledge or consent during surgery. Yet, there is no federal statute preventing this practice. Rather, in 34% of US states, doctors do not need their patient’s consent to have medical students and other doctors perform invasive exams …