Law Commons^™

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Empirically Assessing Medical Device Innovation, George Horvath

Minnesota Journal of Law, Science & Technology

No abstract provided.

Breaking Barriers: Cross-State Licensing Reform For Licensed Professional Counselors, Madeleine Rossi

Minnesota Journal of Law, Science & Technology

No abstract provided.

Emotion Regulation Strategies And Perceived Emotional Intelligence: The Effect Of Age., Iwanna Sepiadou

Adultspan Journal

The aim of this study was to investigate the relationship between perceived emotional intelligence and the reported use of cognitive reappraisal and expressive suppression. We also investigated the possible effects of age on the aforementioned variables. The total sample consisted of 379 people (158 men, 220 women, 1 unreported). Across participants, 273 were young (20-39 years old) and 106 were middle-aged (40-65 years old). We found statistically significant positive correlations between the dimensions of perceived emotional intelligence and the reported use of cognitive reappraisal and negative primarily correlations between the dimensions of perceived emotional intelligence and the reported use of …

The Raci Matrix And Its Use In The Office, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

The RACI Matrix, crucial in office management, delegates tasks efficiently: Responsible individuals, like lead assistants, handle specific duties; Accountable, typically the manager, ensures smooth operations; Consulted, such as patients, provide input; Informed parties, like lab technicians, contribute expertise. By adhering to RACI, dental offices optimize workflow, enhance patient care, and address challenges effectively, ensuring a harmonious and efficient practice.

Advocacy Spotlight: Sen. Sam Singh, Mda Legislator Of The Year, Neema Katibai Jd

The Journal of the Michigan Dental Association

Sen. Sam Singh, Michigan Senate Majority Floor Leader and MDA Legislative Achievement Award recipient, discusses oral health priorities and legislative successes. In an interview, Singh highlights the passage of SB 280, which ensures oral health assessments for kindergarteners, and SB 281, which enhances network leasing transparency. Singh emphasizes the importance of oral health in overall well-being and bipartisan support for these initiatives. He credits the Michigan Dental Association for its advocacy and advises dentists to engage in advocacy through associations and direct communication with elected officials.

Mda At Your Service: How Can I Choose The Right Associate Position?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Membership Chair Kristin Johnson, DDS, advise dentists on various concerns: reviewing employment contracts with legal counsel, updating personal/practice info, obtaining MDA logo for websites, and enhancing visibility on Find a Dentist platforms. Legal and ethical considerations are highlighted when terminating difficult patient relationships. Membership benefits include contract reviews and promotional resources.

Dentistry And The Law: Taking Records When Leaving A Practice, Dan Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte advises on departing partner issues: without contracts, disputes arise regarding records, patient ownership, and practice buyout. Employment and shareholder agreements ensure orderly transitions and protect practice interests. Patient records legally belong to the practice, and transferring them without consent violates laws. Patients can request records, but fees apply. Schulte stresses the importance of agreements to avoid costly disputes and ensure continuity of care.

The New Professional: Navigating The Journey: Finding Your Practice Philosophy As A New Dentist, Amrita Patel Dds

The Journal of the Michigan Dental Association

Dr. Amrita Patel highlights the importance of defining a practice philosophy as a new dentist. Self-reflection, mentorship, patient-centered care, continuous learning, and adaptability are crucial elements in this journey. Embracing personal values and ethics ensures authenticity and guides decision-making. The evolving nature of this philosophy underscores the need for flexibility and openness to change. Dentists can shape their professional identity and approach to patient care through introspection and experiential learning.

J Mich Dent Assoc May 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

In the May 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story interview introducing MDA President Todd Christy

• A feature clinical case report on Proliferative Verrucous Leukoplakia Progressing to Squamous Cell Carcinoma

• Profiles of the 2024 MDA Awards Recipients

• A New Professional Column: “Navigating the Journey: Finding Your Practice Philosophy as a New …

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Staff Matters: Utilizing ‘Unretired’ Workers To Address Hiring Challenges, Jodi Schafer Sphr, Shrm-Scp

The Journal of the Michigan Dental Association

Jodi Schafer suggests targeting "unretired" workers to address front office staffing challenges in dental practices. These retirees bring valuable experience, reliability, and a commitment to customer service. Strategies include offering flexible schedules and competitive benefits and targeting recruitment efforts through networks frequented by retirees. Utilizing this demographic can supplement and support full-time staff, alleviating hiring difficulties.

Mda Foundation: Mda Foundation Grant Helps Huda Clinic Celebrate 20 Years Of Service, Anne Berquist

The Journal of the Michigan Dental Association

MDA Foundation Director discusses the 20th anniversary of HUDA Clinic, Detroit's largest free clinic, providing crucial medical, dental, and mental health services to the uninsured. Supported by a $10,000 grant from the MDA Foundation, HUDA plans to expand dental services due to overwhelming demand, aiming to provide daily care. They seek volunteers and donations to meet the significant need, especially for dentures. Expansion plans include collaboration with local dental schools and community colleges.

The Back Page Commentary: Mda Leaders And Students Attend Ada Student Lobby Day In Washington, D.C., Christopher J. Smiley Dds

The Journal of the Michigan Dental Association

A group of MDA leaders and students from the University of Detroit Mercy and University of Michigan dental schools traveled to the nation’s capital city April 7-9 to participate in the American Dental Association’s 2024 Student Lobby Day activities.

Dr. Todd Christy: Meet Your 2024-25 Mda President, David Foe Ma, Cde

The Journal of the Michigan Dental Association

Dr. Todd Christy, DDS, inaugurated as Michigan Dental Association (MDA) president, brings extensive experience within MDA leadership. Practicing in southwest Michigan, he aims to address workforce shortage, practice profitability, and practice sales difficulties. His tenure prioritizes advocating for effective legislation, fostering dental equity, and enhancing workforce diversity. Christy champions member involvement, emphasizing local engagement and MDA mentoring programs. Committed to improving communication and member services, he highlights MDA's strengths in education, advocacy, and insurance services. Beyond dentistry, Christy enjoys outdoor activities with his family and looks forward to statewide community engagement during his presidency.

Here Are The Mda Award Winners For 2024, David Foe Ma Cde

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) awarded outstanding individuals and organizations in 2024, highlighting dedication to dentistry and community service. Notable winners include Dr. Richard Charlick, honored for decades of teaching and mission work, Dr. Daniel Miller for leadership across dentistry, and Dr. Michael Haddow and Scott Ward for exceptional public service. Educators Dr. Sarah Tomaka and Dr. Gary Bonior were recognized for their contributions to dental education, while Becky Wooters facilitated dental assistant training at tribal colleges. NDX Dental Art Laboratory and Dr. Michael Vilag were commended for their work with Donated Dental Services, alongside rising star Dr. Katherine Cramer. …

Proliferative Verrucous Leukoplakia Progressing To Squamous Cell Carcinoma: A Case Report, Magdalena Orlowska Dds, Felipe Nör Dds, Ms, Phd, Robert Eber Dds, Ms, Stepanie Munz Dds, David Tindle Dds, Ms

The Journal of the Michigan Dental Association

Proliferative verrucous leukoplakia (PVL) is an uncommon type of oral leukoplakia characterized by white patches featuring verrucoid areas. It is a condition of idiopathic origin, displaying a strong tendency to transform into squamous cell carcinoma, verrucous carcinoma, or the newly described particulate carcinoma. PVL is more commonly found in elderly women who have had leukoplakic lesions for many years. Although PVL may be found virtually anywhere in the oral cavity, the buccal mucosa, gingiva, and tongue are the most common sites. In this case, we describe a lesion of this nature found in an elderly male patient. PVL is difficult …

Understandings Of Vulnerability And Social Determinants Of Health In Forensic And Expert Social Anthropology: A Scoping Review, James W. W. Rose, David M. Tran

The Qualitative Report

Forensic and expert social anthropology (FESA) is a branch of social anthropology that specialises in the provision of evidence to legal-administrative processes, which are overseen by courts and other legally empowered bodies, and which give regard to the social cultures of legally and administratively involved individuals and communities (LAIICs). Despite a preoccupation with political advocacy in the broader philosophy of social anthropology, FESA literature does not typically give regard to LAIIC vulnerability defined qualitatively in terms of social determinants of health, including physical, mental, and social well-being. This paper presents findings from a JBI/PRISMA-ScR scoping review of n=1,674 texts, identifying …

Privileges, Immunities, And Affirmative Action In Medical Education, Gregory Curfman

Journal of Law and Health

In Students for Fair Admissions v. President & Fellows of Harvard College and Students for Fair Admissions v. University of North Carolina, the Supreme Court ruled that affirmative action in university admissions, in which an applicant of a particular race or ethnicity receives a plus factor, is unconstitutional. This ruling was based on both the Equal Protection Clause of the Fourteenth Amendment and Title VI of the Civil Rights Act of 1964. This article argues that a more natural fit as the basis for constitutional analysis would be a different clause in the Fourteenth Amendment, the Privileges or Immunities …

Nonfinancial Conflict Of Interest In Medical Research: Is Regulation The Right Answer, Nehad Mikhael

Journal of Law and Health

Medical research plays a vital role in advancing human knowledge, developing new therapies and procedures, and reducing human suffering. Following the atrocities committed in the name of medical research by German physicians during the Nazi era, the Nuremberg trials were held, and an ethical code was created to establish the limits within which medical research can operate. Consequently, legal regimes built upon this ethical foundation to develop laws that ensure the integrity of medical research and the safety of human subjects. These laws sought to protect human subjects by minimizing conflicts of interest that may arise during the process. Furthermore, …

A Trigger Warning: Red Flag Laws Are Still Constitutionally Permissible And Could Reduce The Suicide Rates In The Country's Most Vulnerable States, Joseph C. Campbell

Journal of Law and Health

Montana, Alaska, and Wyoming lead the United States in a category coveted by no one: the suicide rate. Firearm ownership drives the rate to the disproportionate level it reaches year after year and the states are left with little recourse. This article argues the usefulness and constitutionality of narrowly tailored red-flag laws aimed exclusively at reducing the rate of suicide in these mountain states. The article follows Supreme Court jurisprudence leading up to New York Rifle & Pistol Association v. Bruen and offers an analysis that complies with the hyper textualist history and tradition test laid out by Scalia in …

California V. Texas: Avoiding An Antidemocratic Outcome, Jon Lucas

Journal of Law and Health

The Affordable Care Act (“ACA”) contains a section titled “Requirement to Maintain Essential Minimum Coverage.” Colloquially known as the Individual Mandate, this section of the Act initially established a monetary penalty for anyone who did not maintain health insurance in a given tax year. But with the passage of the Tax Cuts and Jobs Act, the monetary penalty was reset to zero, inducing opponents of the ACA to mount a legal challenge over the Individual Mandate’s constitutionality. As the third major legal challenge to the ACA, California v. Texas saw the Supreme Court punt on the merits and instead decide …

Secrets Clutched In A Dead Hand: Rethinking Posthumous Psychotherapist-Patient Privilege In The Light Of Reason And Experience With Other Evidentiary Privileges, Jason S. Sunshine

Journal of Law and Health

Attorney-client privilege was held by the Supreme Court to extend beyond death in 1996, albeit only ratifying centuries of accepted practice in the lower courts and England before them. But with the lawyer’s client dead, the natural outcome of such a rule is that privilege—the legal enforcement of secrecy—will persist forever, for only the dead client could ever have waived and thus end it. Perpetuity is not traditionally favored by the law for good reason, and yet a long and broad line of precedent endorses its application to privilege. The recent emergence of a novel species of privilege for psychotherapy, …

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni

St. Mary's Law Journal

The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

What You Should Know About Michigan’S Revised Kindergarten Oral Health Assessment Law, Michele Kawabe Mph, Rd, Cdces

The Journal of the Michigan Dental Association

Starting from the 2024-25 academic year, Michigan mandates a pre-school oral health assessment for all incoming kindergarten students. Michele Kawabe, MPH, RD, CDCES, explains the legislative change, its implementation through the Kindergarten Oral Health Assessment (KOHA) program, and its potential impact on dental offices. This feature provides insights into frequently asked questions, covering assessment protocols, forms, patient records, reimbursement, and data tracking by the Michigan Department of Health and Human Services (MDHHS).

News You Need, David Foe Ma

The Journal of the Michigan Dental Association

The upcoming Annual Session in Lansing, from April 17-20, offers opportunities for dental professionals to access quality continuing education, explore the expansive exhibit hall, and engage in special events like the Sparkling Smiles Celebration. The MDA Board of Trustees discussed the proposed new ADA Tripartite Membership Model, aiming to enhance engagement and offer targeted benefits. Additionally, volunteers are still needed for the Mission of Mercy program, and the MDA emphasizes the importance of dentists as mandated reporters for child abuse or neglect.

J Mich Dent Assoc April 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association provides news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. It stands as the primary publication reaching Michigan dentists.

In the April 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story highlighting Michigan’s Donated Dental Service Program
• A feature on Michigan’s Revised Kindergarten Oral Health Assessment Law
• A feature article on the origins, future, and use of the CDT Code
• Profiles of the 2024-25 MDA Officer, Trustee and ADA Delegation candidate
• An …

Agents Of Change: Which One Are You?, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In her editorial, Michelle C. Dziurgot, DDS, explores various roles dentists play as agents of change, including catalysts for urgency, collaborators with specialists, diligent workers for accuracy, risk-taking entrepreneurs, charismatic leaders, and peacemakers who resolve conflicts within their practices.