Law Commons^™

Cybersecurity Disparities In U.S. Healthcare: Regulatory Gaps, Equity Failures, And Systemic Risks, Erica Patterson

DePaul Journal of Health Care Law

U.S. healthcare relies on digital infrastructure that now shapes clinical safety. However, the governing law remains a patchwork. The HIPAA Security and Breach Notification Rules, layered with uneven federal and state mandates and voluntary frameworks, do not yield a clear, enforceable floor of protection for small, rural  hospitals which are institutions with thin budgets, legacy systems, limited vendor leverage, and scarce IT staff. This Article identifies the gap, namely that minimum safeguards are not articulated as testable outcomes that low-resource providers can implement and sustain, and offers a remedy. Using doctrinal analysis and comparative assessment of federal and state regimes …

Diversity Regulations For Clinical Trials & The Underrepresentation Of Native American Women, Alka Meresh

DePaul Journal of Health Care Law

The exclusion of women and racial minorities from research currently compromises the generalizability of findings. Native American women, are particularly underrepresented in clinical trials due to the complicated history between Native American health and the US government. Congress, the NIH, and the FDA are the most prominent actors involved in regulating the diversity of clinical trial participants. This article will identify and analyze the deficiencies of the current regulations promoting diversity in clinical trials and suggest some solutions to build community with Indigenous communities and promote their participation in clinical trials.

Never Trust, Always Verify, Securing Medicare's Future To Defend Against Ai Driven Cyber Threats, Dana G. Jones

DePaul Journal of Health Care Law

Healthcare cybersecurity stands at a pivotal juncture, analogous to the Cold War's most perilous moments. When President Ronald Reagan declared "trust but verify"^[1] during nuclear disarmament negotiations with Soviet General Secretary Mikhail Gorbachev, he established systematic verification as the cornerstone of security in high-stakes environments where the cost of misplaced trust meant potential human extinction. Today, the rapid integration of artificial intelligence and networked medical devices into America's healthcare infrastructure has created stakes equally grave for the nation's sixty-five million Medicare beneficiaries^[2]; however, the threat landscape has evolved beyond Reagan's paradigm. Modern healthcare cannot afford even conditional …

Death Wish: A Comprehensive Analysis Of Physician Assisted Suicide, Janna George

DePaul Journal of Health Care Law

Physician-assisted suicide is an extremely complex and controversial legal issue, deeply rooted in morality, legality, and ethics. Countries around the world are split as to how to approach this concept, with some permitting physician-assisted suicide under particular circumstances, and others strictly prohibiting it. ^[1] This division is evidence of the subject’s complex underpinnings. According to the United States Declaration of Independence, all Americans are deserving of certain unalienable rights, “Life, Liberty, and the pursuit of Happiness.”^[2] But what about the right to die?

There are a number of reasons as to why physician assisted suicide is complicated, including …

Beyond The Ban: Chhaupadi Abolition And The Governance Of Menstrual Autonomy In Western Nepal, Nikita Paudel

Master in Public Policy Theses

This thesis examines how two decades of efforts to abolish chhaupadi have shaped the everyday conditions under which women and girls experience menstruation in western Nepal. Chhaupadi, commonly understood as menstrual seclusion, has been addressed through Supreme Court directives, national policy, criminal law, municipal implementation instruments, hut demolition campaigns, public health programming, and rights-based advocacy. Yet the practice has persisted, adapted, and in some cases moved into less visible spaces. Rather than treating this as a simple gap between law and practice, this thesis asks how abolition efforts themselves have become part of the regulatory regime through which menstruation is …

The Formation Of Indian Health Services Within Imperial And Settler-Colonial Contexts, Jillian E. Grisel

American Studies ETDs

This dissertation examines the Indian Health Services as a Cold War biosecurity apparatus, showing how infectious disease was weaponized to dismantle treaty obligations, reorganize tribal lands into “service areas,” and reclassify Indigenous nations as surveilled populations. Against this carceral health economy, Indigenous nations refused. From the 1969 Alcatraz occupation to the 1976 Puyallup takeover of Cushman Indian Hospital, Native activists reclaimed health facilities as sovereign spaces, insisting that care is not a discretionary service but a treaty right grounded in land and kinship. Methodologically, I combine historical-legal analysis of congressional debates, Public Health Service reports, and IHS data with counter-archives …

Frye Is So Last Century: It’S Time For Washington To Get With The Times, Darian Mullen

Seattle Journal of Technology, Environmental, & Innovation Law

This paper argues that Washington State should finally abandon the

Frye test for expert witnesses and adopt the Daubert test used by federal

courts and most states. It begins with a discussion of the background of

expert witnesses in the U.S. court system and its evolution through Frye.

Then, it looks at the increase in drunk driving in Washington State as a

case study for how the public depends on quality science to protect

individuals and punish wrongdoers. Through the case study, it is

apparent that Frye is an unworkable standard that should be superseded

by Daubert.

Molecules And Monoclonals: The Two-Tiered Patent System, Candi L. Lasarge Ph.D.

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Betting On The Body: Private Equity Portfolio Funding Of Medical Malpractice Litigation And The Financialization Of Patient Justice, Barry J. Cohen

Journal of Law and Health

Portfolio-level third-party litigation funding in medical malpractice creates conflicts of interest that existing professional responsibility doctrine under Model Rule 1.7 was not designed to address. Unlike single-case consumer funding, which may improve access to justice, portfolio funding aggregates dozens or hundreds of malpractice claims into diversified investment vehicles, optimizing for internal rates of return on the portfolio instead of outcomes for individual plaintiffs. What follows, is the first sustained analysis of this gap.

Drawing on clinical and legal perspectives, the analysis distinguishes a single-case from portfolio funding and identifies four portfolio-specific conflicts under MRPC 1.7: the swing-for-the-fences problem, cross-subsidization, information …

Mental Illness, Probation, And Recidivism: Standardizing Uniform Mental Health Docket Legislation In Ohio, Holly Lloyd

Journal of Law and Health

The rise of Mental Illness diagnoses in the United States unique to the criminal justice system. Specifically in Ohio, individuals with mental illness diagnoses have increased within the criminal justice system leading to the implementation of the Mental Health Court Docket. The Mental Health Docket has led to a decrease in recidivism by providing Defendants with appropriate mental health treatment. Within Ohio there is no universal standard for individuals being admitted into the Docket which has led to inconsistencies throughout the State and restrictive clinical requirements like requiring a diagnosis with psychosis. These inconsistencies contribute to higher recidivism rates and …

Online Voting: Should Ohio Adopt Online Voting For Voters With Disabilities?, Audrey Mcconihe

Journal of Law and Health

This Note argues that Ohio should implement a limited online voting system for voters with disabilities in order to expand meaningful access to the voting while preserving election integrity. Drawing on the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Voting Rights Act of 1965, and the Help America Vote Act, this Note contends that Ohio’s current absentee voting framework continues to impose substantial barriers on disabled voters by denying many individuals the ability to cast ballots privately, independently, and safely.

The Note examines how the COVID-19 pandemic exposed longstanding deficiencies in American voting infrastructure, particularly for disabled …

High-Caliber Tensions: Implications Of Florida’S Medical Marijuana Program On The Right To Keep And Bear Arms, George Bell, Kate E. Altman

University of Miami Law Review

What is more valuable—the right to protect yourself, or the right to seek medical treatment? Presently, law abiding Floridians must choose between the two. Because the Bureau of Alcohol, Tobacco and Firearms (“ATF”) classifies medical marijuana patients as “unlawful drug users,” Floridians enrolled in the State’s medical marijuana scheme are prohibited from lawfully owning firearms. A lawsuit currently pending before the Eleventh Circuit Court of Appeals seeks to address this constitutional conflict. This Article discusses that lawsuit, the legal framework in which it’s proceeding, and how courts may decide the appropriate balance between such fundamental questions.

Ada Lobby Day 2026

Bulletin of the Ninth District Dental Association

Dr. Renuka Bijoor recounts her experience representing the Ninth District as part of NYSDA’s delegation for Lobby Day 2026. She expresses her gratitude for the opportunity to "advocate for ourselves, our profession, our team members and our patients" and makes particular note of the engaged and excited students that attended.

2026 Lobby day legislation and issues included:

• ERISA and the Improving Dental Administration Act, H.R. 7931
• Student Loans and Postgraduate Educational Debt, H.R. 2028/S.942
• Protect and Restore the Federal Oral Health Infrastructure

The article discusses to whom and how each topic was presented and concludes with one-page fliers for each.

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

UF Law Faculty Publications

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, …

J Mich Dent Assoc May 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 May 2026 (Volume 108, No. 5) issue of the Journal is published in print 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 May 2026 issue of the MDA Journal introduces Dr. Melanie Mayberry as the new association president, highlighting her …

Fixing Wages In The Name Of Training: Residency Programs And The Forgotten Antitrust Question, Yousef Ziyadi

Barry Law Review

No abstract provided.

Patient Privacy In The Digital Age: Reimagining Health Data Laws To Protect Patients’ Constitutional Rights, Adriana Almeida Mehtani

Barry Law Review

No abstract provided.

Reckitt-Benckiser And Buprenorphine: Opioid Addiction Treatment, Drug Monopolies, And Consumer Implications, Peri G. Heyen

Theses/Capstones/Creative Projects

The opioid crisis in the United States is a deadly epidemic that demands fair and accessible treatment for those affected. The introduction of buprenorphine for opioid addiction disorder in 2002 allowed for the first treatment of the disorder beyond the time intensive and stigmatized practices of methadone clinics, which proved to be revolutionary. Reckitt-Benckiser (“Reckitt”) and former subsidiary Indivior were able to gain a legal monopoly of buprenorphine through their orphan drug exclusivity designation on Suboxone tablets that was approved by the FDA. Once orphan drug exclusivity was near expiration and generic competition began to prepare to enter the market, …

Choosing Death: The Moral Legitimacy Of Voluntary Active Euthanasia, Emma Rougeou

Honors Theses

During the last three decades, the issue of physician assisted suicide has captivated the interest of private citizens and state legislatures. Thinking about the matter of end-of-life concerns, particularly surrounding euthanasian (practices that hasten the deaths of suffering terminally ill people) have shifted. Views of private citizens and state-level legislation reflects a “slow shift to more permissive attitudes” (Cohen et al., 2012). Meanwhile, as recently as March 2026, state legislators in conjunction with the NY State Governor, passed a bill legalizing medical aid in dying for terminally ill patients. This thesis is intended to thoughtfully contribute to meaningful discourse on …

The Law Of Healthcare Administration, 11th Ed., Sallie Sanford, J. Stuart Showalter

Books

The Law of Healthcare Administration, 11th Edition,aims to provide future healthcare leaders with the most accurate, engaging, and practical guide to this complex area of law. Its extensively revised 15 chapters include coverage of the American legal system, medical malpractice law, tax exempt standards, fraud and abuse investigations, abortion regulation, healthcare initiatives undertaken by the second Trump administration, and more.  Its new case law examples involve not only hospitals and physicians but also other institutional providers (such as community health centers and nursing homes) and individual allied health professionals (such as pharmacists and nurse practitioners).

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

Preserving Life In An Age Of Autonomy: A Critique Of Physician-Assisted Suicide, Adeline Holcombe

Senior Honors Theses

This thesis critiques physician-assisted suicide (PAS) as a reflection of Western thought’s shift from a biblical sanctity-of-life ethic toward autonomy and relativism. Through analysis of biblical and historical foundations, major cases, and state PAS laws, it argues that legalization weakens the state’s interest in preserving life, normalizes suicide, and exposes vulnerable populations to coercion, inadequate safeguards, and legal expansion. The thesis concludes that PAS laws should be repealed and that palliative care, hospice, and mental health treatment provide more compassionate and ethically sound alternatives.

A Mass Disabling Event: Why California Courts Must Protect Workers’ Families From Take-Home Covid, Ellery Armstrong

Seattle Journal for Social Justice

No abstract provided.

Dentistry And The Law: The Importance Of Termination Rights, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column explores the legal importance of termination rights in contracts with dental product suppliers. It explains that termination provisions—including notice periods and termination fees—must be carefully negotiated upfront, as they are generally enforceable once signed. The author clarifies that large termination fees may be deemed unenforceable penalties if they do not reasonably approximate actual losses. The article advises dentists to shop around for favorable contract terms and seek explanations for restrictive clauses.

May 2026 Government And Insurance Affairs, James Budd Mpp

The Journal of the Michigan Dental Association

This report summarizes the MDA’s participation in the ADA's annual Lobby Day in Washington, D.C.. MDA representatives met with congressional offices to advocate for student loan reform, including interest-free deferment during residency (H.R. 2028), and ERISA reform to ensure consistent patient protections across all dental insurance plans (H.R. 7931). The update also highlights efforts to protect the federal oral health infrastructure and introduces the "Member Minute" program for submitting legislative and insurance questions directly to the advocacy team.

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

Articles

This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

Frontmatter, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Incentivizing Bidirectional Ev Charging Stations, Luke Warkall

Health Matrix: The Journal of Law-Medicine

California recently enacted a law that gives the California Energy Commission authority to require that Electric Vehicles (“EVs”) sold in California be capable of bidirectional charging. A bidirectional EV is capable of sending energy stored in the EV battery to a person’s home and to the grid. Bidirectional EVs are a novel step in the right direction in the global fight against climate change. They offer a substantial and mobile power source to communities recovering from natural disasters and can offset the demand for nonrenewable energy consumption by storing solar, wind and other renewable energy, then sending that energy back …

Right To Life, Right To Arms: Conservative States' Antithetical Approaches To Abortion And Gun Laws, Kristen Mehalko

Health Matrix: The Journal of Law-Medicine

Following Dobbs v. Jackson Women’s Health Organization and New York State Rifle & Pistol Association v. Bruen, twelve states enacted total abortion bans while simultaneously maintaining among the weakest gun safety laws in the nation. This Note explores the policy contradiction inherent in this approach: states invoking fetal life protection experience gun death rates substantially exceeding national averages, with firearms becoming the leading cause of death for children in these jurisdictions. The Note reveals how these states employ divergent strategies across two policy domains. Abortion restrictions receive vigorous enforcement through criminal statutes and private liability mechanisms, whereas gun regulations face …

Volume 36 Cover, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.