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2025

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Full-Text Articles in Law

Mda At Your Service: What’S The Mda Doing To Help The Hygienist Shortage?, Rachel Sinacola Dds Aug 2025

Mda At Your Service: What’S The Mda Doing To Help The Hygienist Shortage?, Rachel Sinacola Dds

The Journal of the Michigan Dental Association

This article details the MDA's efforts to address Michigan's dental hygienist shortage, which saw about 3,000 licensed RDHs leave the workforce since 2020. Initiatives include paid social media campaigns targeting potential and former RDHs, although enrollment impacts have been minimal. The MDA is also collaborating with hygiene schools, helping Ferris State University secure funding to double its size and working with North Central Michigan College to establish a new school. Discussions are underway to explore allowing internationally trained dentists to perform hygiene duties. Additionally, the MDA endorses MEDVA for virtual assistant staffing, promoting HIPAA-compliant human professionals who handle remote administrative …


Dentistry And The Law: Length Of Covenants Not To Compete, Dan Schulte Jd Aug 2025

Dentistry And The Law: Length Of Covenants Not To Compete, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article clarifies the distinct legal standards for covenants not to compete in Michigan, particularly relevant for dentists selling their practice and remaining employed. A covenant in an employment agreement is enforceable if "reasonable," typically limited to two to three years and the employer's patient draw area. In contrast, a covenant within a purchase agreement, considered a commercial contract, is judged under a more lenient "rule of reason" standard. This standard is easier to satisfy, requiring only that the covenant does not adversely impact the relevant market. Consequently, purchasers often use the purchase agreement to impose harsher, longer-term restrictive covenants.


Water Fluoridation: A Personal Perspective On The Effectiveness Of Community Water Fluoridation, William Chase Dds, Maom Aug 2025

Water Fluoridation: A Personal Perspective On The Effectiveness Of Community Water Fluoridation, William Chase Dds, Maom

The Journal of the Michigan Dental Association

This article offers Dr. William R. Chase's personal insights into community water fluoridation, emphasizing its effectiveness in preventing dental caries. It traces the discovery of fluoride's benefits back to Frederick McKay's 1901 observations and highlights the pivotal 1945 Grand Rapids Study, which demonstrated significant caries reduction, especially in younger age groups. Despite long-standing support from the American Dental Association, controversies regarding fluoride's safety persist, leading to recent state-level bans. Dr. Chase's experiences in countries without fluoridated water, where he observed severe decay and life-threatening cellulitis, underscore his belief in fluoride as a "miracle supplement" when properly utilized. The Michigan Dental …


Mda Services: Endorsed Programs News Aug 2025

Mda Services: Endorsed Programs News

The Journal of the Michigan Dental Association

Throughh MDA Services, the Michigan Dental Association (MDA) has announced several endorsed programs aimed at supporting dental practices across Michigan: Compass Dental Gas Service is now endorsed by the MDA for its expertise in installing, maintaining, and repairing dental gas systems. Members benefit from exclusive discounts and safety compliance support. MEDVA Virtual Staffing offers HIPAA-compliant, human virtual assistants to handle administrative tasks remotely. This service helps reduce labor costs and allows in-office staff to focus on patient care. MDA Health Plan sponsors are reminded to submit overdue eligibility verification documents, which are essential for compliance and 2026 renewal preparations. DBS …


Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney Aug 2025

Chancery Court Applies Entire Fairness Standard Of Review In Assessing Actions Of Conflicted Fiduciaries Engaging In "Value-Destructive" Spac Transactions, Robert S. Reder, John Rand Dorney

Vanderbilt Law School Faculty Publications

In the Gig Cases, Vice Chancellor Will followed the line of analysis she first adopted in MultiPlan by applying traditional fiduciary principles to address conflicts inherent in the standard SPAC structure. First, the Vice Chancellor rejected application of the deferential business judgment rule in favor of the more exacting entire fairness standard, finding both a conflicted controller and a conflicted board. While maybe not outcome determinative, this standard of review places a heavy burden on fiduciary defendants that generally precludes pleading stage dismissal. Second, the Vice Chancellor closely parsed language in disclosures made to stockholders to support, at least at …


Jury Decision Rules In Criminal Trials, Emma Archibald Aug 2025

Jury Decision Rules In Criminal Trials, Emma Archibald

Dalhousie Journal of Legal Studies

Discussions of juries in democratic systems often frame the jury as a symbol of democracy, an essential safeguard for an accused, and a legitimizer of state authority. However, the context in which the jury operates has evolved, and there is a widening gap between our empirical understanding of juries and our commitment to their theoretical value. Piecemeal reforms of the jury have also moved the system away from the historical model, with the consequence of undermining the remaining aspects. This paper argues one such aspect is the decision rule under which a jury renders its verdict. Canada is one of …


Triggering Change In Child Protection Law: A Case Study Of Firearms And Domestic Violence In Nova Scotia, Manitoba, And Ontario, Ashley Thornton Aug 2025

Triggering Change In Child Protection Law: A Case Study Of Firearms And Domestic Violence In Nova Scotia, Manitoba, And Ontario, Ashley Thornton

Dalhousie Journal of Legal Studies

The intertwining complexities of child protection, domestic violence, and firearms pose profound challenges for families and the legal system. This paper examines their interplay, focusing on how these issues can subject children to harm, with a specific focus on case law and relevant legislation from Nova Scotia, Manitoba, and Ontario. These three provinces have been selected due to: i) the locality and inherent relevance of Nova Scotia’s jurisdiction given the location of the Schulich School of Law, ii) the high number of reported court decisions in Ontario, and the unique protections created through amending the Child, Youth, and Family Services …


Artificial Intelligence And The Law: A Discussion And Selections From The Collection, Wolf Law Library, William & Mary Law School Aug 2025

Artificial Intelligence And The Law: A Discussion And Selections From The Collection, Wolf Law Library, William & Mary Law School

Library Book Displays

On display in the Wolf Law Library August 2025 - January 2026.


J Mich Dent Assoc August 2025 Aug 2025

J Mich Dent Assoc August 2025

The Journal of the Michigan Dental Association

Each 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. The August issue marks the end of digital only publishing, as the MDA announced it will provide members a bimonthly print issue along with monthly digital distribution. This issue includes:

  • A cover feature on the impact on the dental community of the recently adopted Big Beautiful Bill federal budget
  • Mandibular Lingual Concavity Evaluation Using CBCT
  • A reprinted clinical feature from New York on …


Guest Editorial: Who’S Special Now?, Michael Maihofer Dds Aug 2025

Guest Editorial: Who’S Special Now?, Michael Maihofer Dds

The Journal of the Michigan Dental Association

This editorial discusses a controversial change in Michigan's dental specialty advertising law, which occurred in 2020. Previously, only state-recognized specialists, undergoing rigorous advanced training, could advertise their specialty status. However, a new rule, resulting from an out-of-court settlement, paradoxically allows general dentists not recognized as specialists to advertise as such without following advertising rules. This change is criticized for undermining public protection and creating unethical, misleading situations where general dentists advertise as pediatric dentists, for instance. The Michigan Dental Association (MDA) is actively working to revert this law by supporting House Bills 4593 and 4594 to ensure only recognized specialists …


From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakhmonova Aug 2025

From Code To Compliance: Regulating Daos In Canada: Legal Frameworks And Challenges, Gulnoza Abdurakhmonova

Canadian Journal of Law and Technology

This paper examines the regulatory challenges surrounding Decentralised Autonomous Organizations (DAOs) in Canada and argues that existing legal frameworks— primarily designed for traditional corporate entities— are inadequate for addressing the unique characteristics of DAOs. While securities regulators have taken steps to oversee aspects of DAO activity, a broader regulatory framework is needed to provide legal clarity, address governance and liability concerns, and foster responsible innovation. This study recommends a dual approach: (1) extending corporate law reforms to define the legal status and obligations of DAOs, and (2) developing a regulatory framework that balances investor protection with the flexibility needed for …


Constitutional Futurisms, Jeremiah Chin Aug 2025

Constitutional Futurisms, Jeremiah Chin

Articles

How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …


High Value Transnational Adhesion Contracts: Agreements With Sport Governing Bodies And Their Fundamental Defects, Bantekas, Ilias Aug 2025

High Value Transnational Adhesion Contracts: Agreements With Sport Governing Bodies And Their Fundamental Defects, Bantekas, Ilias

Santa Clara Journal of International Law

Athletes are bound not simply on the basis of their individual agreement with their club, but also by a variety of rules and regulations imposed by national and international sport governing bodies (SGB or SGBs). These rules and regulations become part of the original agreement as part of the obligations of the club towards these entities. The athlete’s acceptance of the myriad of rules and regulations is simply notional, given their complexity even for legal experts. Even so, this type of sporting agreement does not possess the attributes of adhesion contracts that protect the weaker party through a variety of …


The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo Aug 2025

The Ideological (Mis)Framing Of Comparative Procedure, Stefania Cirillo

Notre Dame Journal of International & Comparative Law

This article critiques the pervasive role of ideology in comparative studies of civil procedure, rejecting the notion that scholarly interpretation is purely technical. It highlights three main harms of ideological influence: misinterpretations of legal systems, flawed rule transplants, and exclusion of Global South perspectives. These drawbacks stem from the comparatist’s tendency to adjust reality to fit ideological preconceptions, leading to distortions in comparative analysis. While ideology often distorts comparative analysis, its complete exclusion risks neglecting moral and social dimensions. Thus, the article calls for a balanced methodology: a descriptive analysis rooted in culturalism to account for the ideological and societal …


Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia Aug 2025

Revisiting Oversight Challenges In The Nonprofit Sector: Allowing Private Parties Legal Standing, Phaguni Nangia

Notre Dame Journal of International & Comparative Law

Part I of this Article will discuss the current framework for oversight of the nonprofit sector, and why this framework has been problematic in achieving effective regulatory oversight of nonprofit organizations. This Part will first address the oversight role of state officials, such as the attorneys general, and the challenges associated with it. This Part will then examine the significant number of challenges the Internal Revenue Service (IRS) faces in overseeing tax-exempt organizations, and why the IRS may not the best choice for overcoming them. This Part will conclude in an analysis of the current framework for legal standing by …


Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin Aug 2025

Punishment In “Disneyland”: A Magical Review Of Singaporean Sentencing Law, Policy & Practice, Lucas Brolin

Notre Dame Journal of International & Comparative Law

Staying in Singapore is like visiting Disneyland, with a catch: Imagine indulging in the world’s most magical place, but Jeffrey Katzenberg gives you a walloping if you cut in line. Deploying this self-described “winning formula,” Singapore quickly rose to prosperity. Admirers and critics mutually note Singapore’s cleanliness, safety, and efficiency. Empirical metrics suggest these accolades are not anecdotal: Singapore scores at the top of global development indexes, boasts a low crime rate and high judicial clearance rate, has comprehensive infrastructure, clean public facilities and streets, and more. Singapore’s governance is rightly credited for its prosperous outcomes. However, it also invites …


“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran Aug 2025

“Economic Abuse” As An Element Of Domestic Violence Against Women: A Comparative Analysis Of Sri Lanka And United Kingdom, Pavithra Rajendran

Notre Dame Journal of International & Comparative Law

Economic abuse, though not a new concept in commercial law, remains underdefined and underutilized in the context of domestic violence, particularly violence against women. Recent scholarly discussions emphasize the need for a clear definition of economic abuse in this context: "Economic abuse entails a deliberate pattern of control where individuals disrupt their partner's ability to acquire, use, and maintain economic resources." This highlights economic abuse as a powerful tool of control, with perpetrators employing various strategies to assert dominance. Scholars often distinguish economic abuse from financial abuse, a crucial differentiation, especially with the recent enactment of the United Kingdom’s Domestic …


Letter From The Editor, Justin Vickers Aug 2025

Letter From The Editor, Justin Vickers

Notre Dame Journal of International & Comparative Law

No abstract provided.


Volume 15, Issue 2 - Full Issue Aug 2025

Volume 15, Issue 2 - Full Issue

Notre Dame Journal of International & Comparative Law

No abstract provided.


Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson Aug 2025

Recommended For You Streaming Platform Recommendation Algorithms And Consumer Rights, Margaret Wilson

Canadian Journal of Law and Technology

Streaming platforms are becoming increasingly popular with consumers. In Canada, recent studies have suggested that 55% of Canadians use video streaming services, like Netflix, on a daily basis. Similarly, up to 30% stream audio content daily on platforms like Spotify.6 The federal government has recognized that the broadening use of these technologies creates new challenges for consumer privacy and has proposed updates to consumer privacy laws in Bill C-27. With the dissolution of the 44th Parliament on March 23, 2025, Bill C-27 died on the roll and will not be adopted. As proposed legislation, Bill C-27 signalled the direction of …


Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell Aug 2025

Navigating The Shadows: Evaluating Privacy Protections Against Dark Patterns, Matt Gaulton, Dominique Kelly, Dr. Jacquelyn Burkell

Canadian Journal of Law and Technology

Privacy dark patterns are user interface design strategies that manipulate individuals into disclosing personal information or consenting to data practices they may not fully understand or intend. This paper critically evaluates the effectiveness of Canadian, American, and European privacy frameworks — specifically, the Personal Information Protection and Electronic Documents Act (PIPEDA), the California Consumer Privacy Act (CCPA), and the European Union’s General Data Protection Regulation (GDPR) — in addressing the regulatory challenges posed by privacy dark patterns. We argue that PIPEDA is significantly less equipped to counteract such manipulative practices, particularly in comparison to the GDPR and CCPA, due to …


Considering The Concept Of Law In The Legal Singularity, Matthew Tse Aug 2025

Considering The Concept Of Law In The Legal Singularity, Matthew Tse

Canadian Journal of Law and Technology

This review article engages with the idea of a ‘‘legal singularity”, which has been developed by Abdi Aidid and Benjamin Alarie in their book, The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better.

The legal singularity describes a legal system in the future that harnesses algorithmic computation to facilitate a ‘‘stable and complete legal order, capable of addressing and resolving practically all types of legal uncertainty in real time and on demand”. Aidid and Alarie believe algorithmic computation will achieve this promise in an interdependent dual process. On one hand, algorithms will structure the law with conceptual standardization. …


Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai Aug 2025

Balancing The Use Of Ai With Canadian Privacy Rights: An Analysis Of Personal Information Collection Through Emerging Ai Tools, Tamie Dolny, Methura Sinnadurai

Canadian Journal of Law and Technology

Biometric information collection through artificial intelligence (AI) is a new, dynamic and exciting technology that also raises significant privacy law considerations for in house and governmental lawyers in Canada. While organizations may be quick to collect personal information using forms of AI technology, these entities should be aware of the legal risk posed by technologies which may violate the Freedom of Information and Protection of Privacy Act (FIPPA)1 and/or the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA),2 especially if users are unaware of, or have not consented to the use of their personal information by the AI …


Fixing A 100-Year-Old Mistake, Michael J. Graetz Aug 2025

Fixing A 100-Year-Old Mistake, Michael J. Graetz

Faculty Scholarship

Posing the question of international tax cooperation versus competition reminds me of multiple-choice exams in which the right answer is “all of the above.” National interests determine which dominates at any given time. And in tax competition among nations, zero is not a lower bound.

In 1918, to encourage U.S. investments abroad, the United States enacted a credit for foreign taxes paid by U.S. companies and relinquished taxing rights to most foreign-source income. With the foreign tax credit, the United States assumed sole responsibility for reducing the double taxation of its residents and citizens. As the influential economist Edwin Seligman …


Redressing The Harm Of Accelerated Approval, Laura Karas Aug 2025

Redressing The Harm Of Accelerated Approval, Laura Karas

Articles

The accelerated approval pathway of the United States Food and Drug Administration (FDA) enables drugs to come to market more quickly than would be possible under a traditional FDA approval pathway. Accelerated approval is based upon the agency's determination that changes in a surrogate or intermediate clinical endpoint are "reasonably likely" to predict a clinical benefit meaningful for patients. In essence, the pathway affords sick patients earlier access to potentially beneficial drugs while trials to confirm clinical benefit continue. Accelerated approval has been likened to a social compromise in which promising drugs enter the market sooner in exchange for a …


Judicial Independence, The Separation Of Powers, And Criminal Investigations Of Judges, Benjamin Joshua Ong Aug 2025

Judicial Independence, The Separation Of Powers, And Criminal Investigations Of Judges, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In Haris Ibrahim [2023] 2 MLJ 296, the Federal Court of Malaysia discussed the legal limits to executive authorities’ powers to investigate judges on suspicion of crime. The case is a rare contribution to the jurisprudence on judges’ criminal liability at common law, as well as a case study in the challenges of reconciling judicial independence with other principles of the constitutional framework and other actors’ roles therein. The Court held that the implied constitutional principle of judicial independence requires that executive authorities follow a “set of protocols” (which the Court formulated) when investigating sitting judges. This was not wrong …


Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon Aug 2025

Ai In The Judiciary: The Singapore Case, Nydia Remolina Leon

Research Collection Yong Pung How School Of Law

This paper examines the integration of Artificial Intelligence (AI) within the judicial system of Singapore. Singapore's judiciary has embraced AI not as a tool for adjudication, but as an augmentative instrument for legal research, procedural efficiency, and access to justice. It provides a detailed account of AI use cases in the courts, including case summarization, evidence review, assistance for selfrepresented litigants, and tools like the Divorce Assets Informative Division Estimator. The discussion then turns to the legal profession, exploring how law firms in Singapore are adopting AI technologies. The paper also addresses how AI implementation in the judicial system is …


Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs Aug 2025

Technoscientific Imaging And The Territorialization Of Ocean Depth, João Afonso Baptista, Pedro Figueiredo Neto, Irus Braverman, Philip Steinberg, Gabriella Palermo, Stefan Helmreich, Melody Jue, John Childs

Journal Articles

Once the last unclaimed solid expanse on Earth, the ocean floor has become one of the most contested spaces in contemporary geopolitics. The data-imagery produced by technoscience serves as the ultimate tool for nations asserting sovereignty in this territorial race. This symposium gathers diverse perspectives on the ongoing expansionist drive on the seabed, drawing inspiration from Abissal——a film-article featuring the Portuguese modern odyssey on the ocean floor that serves as the symposium’s centerpiece. Aligned with modern ocean law, technoscience strives to render ocean depth visible to politics and territorializable for coastal states. However, the submerged prolongations and divisions it proffers …


Judicial And Techno-Securitization Of Immigration: Narratives De Filosofia De Inmigracion Y Justicia, Mohammad Rubaiyat Rahman Aug 2025

Judicial And Techno-Securitization Of Immigration: Narratives De Filosofia De Inmigracion Y Justicia, Mohammad Rubaiyat Rahman

Open Access Theses & Dissertations

In the thesis, I develop a philosophical account which is centered on immigration enforcement discrimination, surveillance and procedural justice. The thesis propounds two arguments. The first argument contends that the immigration enforcement of the United States (U.S.), including the use of surveillance technology, contributes to the structural injustice. The second argument is that the U.S. immigration surveillance and immigration enforcement should be qualified by procedural justice and constitutional democracy.

The thesis prioritizes the practice of the U.S. immigration policy, enforcement and how these promote structural injustice against non-citizens and citizens, specifically those who are Latinos living in the U.S.-Mexico borderlands. …


Deaf Faculty Members’ Experiences In Higher Education Institutions, Stephanie Proctor Horvath Aug 2025

Deaf Faculty Members’ Experiences In Higher Education Institutions, Stephanie Proctor Horvath

Electronic Theses and Dissertations

Deaf faculty members bring diverse perspectives to higher education, yet their experiences remain underexplored in academic research. The critical first year of teaching can shape their career experiences, revealing both opportunities for growth and systemic barriers. The purpose of this study was to understand deaf faculty members’ experiences, focusing on their transition into academic roles, the accommodations provided in their workplaces, and the challenges they faced. This study employed a qualitative phenomenological design, utilizing semi-structured interviews with 15 Deaf faculty members, whose teaching experience ranges from 1 to 30 years. In the reflexive thematic analysis and AI-coding of this data, …