Law Commons^™

Structuring A Practice Sale: The Basics, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This legal column provides an overview of the basic structures involved in selling a dental practice. It distinguishes between equity interest sales, which often favor sellers through capital gains treatment and liability transfers, and asset sales, which buyers generally prefer to avoid liabilities and gain tax depreciation benefits. The author discusses the role of a Letter of Intent, the importance of due diligence, and professional valuation, urging practitioners to assemble a team of specialized legal and financial advisors.

Contracting Liability For Generative Ai, Taorui Guan

University of Richmond Law Review

Generative artificial intelligence (“AI”) is straining the boundaries of long-established secondary liability doctrines in copyright law—including contributory infringement, vicarious liability, inducement, and statutory safe harbors. Courts and policymakers have yet to adapt these doctrines to the challenges that AI’s massive scale, decentralized development network, and opaque “black box” architectures pose, creating considerable legal uncertainty. In response, leading AI providers increasingly rely on contractual solutions—embedding warranties, indemnifications, liability caps, and other provisions into user agreements—seeking to allocate infringement risks preemptively. These evolving contractual approaches both draw upon and diverge from classic doctrines, offering novel insight into how the pressure of generative …

Debiasing Juror Decisions Using Intersectionality, Kaitlin Mccormick-Huhn Ph.D.

University of Richmond Law Review

A criminal defendant’s right to trial by an impartial jury is enshrined in the Constitution. However, this right cannot be realized if juror implicit bias remains unchecked. Indeed, jurors’ implicit bias has been shown to affect decisions as fundamental as who is guilty. Recognizing the problem of implicit bias affecting jurors, the American Bar Association created a taskforce aimed at addressing the issue. One of the solutions the taskforce proposed was a model implicit bias jury instruction. In recent years, seventeen jurisdictions have crafted criminal jury instructions that address implicit bias. This Article contains the first thematic analysis of all …

Transformative Technology And Shortening The Statute Of Limitations Applicable To Taxpayers, Jay A. Soled, Leslie Book

University of Richmond Law Review

When it comes to submitting tax returns and paying taxes, most taxpayers understand the nature of their civic duties and do so dutifully, if not willingly. However, many taxpayers fail to grasp why the IRS has such an elongated time period—namely, three years— to audit their tax returns and propose an assessment. Indeed, when the IRS exercises its oversight authority, records may no longer be available, and memories may be dulled. Since the original institution of the three-year tax assessment limitations period nearly a century ago, tremendous technological strides have been made. Indeed, over ninety percent of income tax returns …

Digitally Branded: The Developmental Catastrophe Of Juvenile Sex Offender Registries, Tammi Walker

University of Richmond Law Review

Juvenile sex offender registration was never a natural fit for the youth justice system, but in the digital age, it has become deeply harmful. What began as a paper-based precaution has evolved into a sprawling digital regime that permanently brands adolescents at the most formative stage of life. This Article examines how techno- logical change has turned registration into a publicly searchable network of stigma—amplified by data aggregators, search engines, neighborhood apps, and real estate platforms—that makes youthful misbehavior both permanent and inescapable. Drawing on insights from developmental neuroscience and criminology, the Article explains why adolescent sexual misconduct is often …

Oh Deer: The Elk Court's Misunderstanding Of The Citizenship Clause, Shunhe Wang

University of Richmond Law Review

This Article examines the enduring legacy of Elk v. Wilkins, 112 U.S. 94 (1884), a Supreme Court decision that interpreted the Fourteenth Amendment’s Citizenship Clause to exclude Native Americans from birthright citizenship. By relegating Native citizenship status to a statutory privilege rather than a constitutional right, Elk created a framework that has since been weaponized to challenge birthright citizenship for the children of undocumented immigrants. This Article demonstrates how Elk’s flawed reasoning— particularly its narrow reading of “subject to the jurisdiction thereof”—continues to shape legal and political efforts to erode the Fourteenth Amendment’s guarantees. Drawing on Justice Harlan’s dissent in …

Ethical Edibles, Hannah R. Weiser, Daniel R. Cahoy

University of Richmond Law Review

Modern firms acknowledge the advantages in acting ethically. For some time, the goal of shareholder profit maximization has shared the stage with objectives that benefit a broader group of stakeholders. Such benefits can be attractive to not only employees and consumers, but increasingly to investors as well. Whether it is called corporate social responsibility, sustainability, or ESG (Environmental, Social, and Governance), firms now routinely plan and report such ethical efforts. However, the notion of the ethical firm cannot escape the business operation itself. Some firms present ethical quandaries by the very nature of the products they sell or the stakeholders …

When Antitrust Meets Labour: Exemption And Enforcement Under Article 101 Tfeu, Giulia Mangiafico

Yearbook of Antitrust and Regulatory Studies

Labour rights protection has recently emerged as one of the key objectives of antitrust law, alongside sustainability and privacy. The application and enforcement of competition rules differ significantly between the workers’ and employers’ sides of the market, a distinction that is particularly visible in cases concerning remuneration. Wage-setting may fall within the scope of Article 101 TFEU where it results from coordination between undertakings; whether competition law applies therefore depends on how wages are fixed. While employer cartels that suppress pay are treated as restrictive agreements, collective bargaining arrangements are assessed under a markedly different analytical framework. This article examines …

The Undue Degradation Of "Undue Degradation": How Loper Bright Threatens To Weaken Environmental Protections For Domestic Lithium Operations, Griffin M. Krawitz

William & Mary Law Review

On October 24, 2024, the Bureau of Land Management (BLM) approved the Rhyolite Ridge Lithium-Boron Project, a seven-thousand- acre mining operation in the middle of the Nevada desert. Denoted as the “first domestic lithium project to get full regulatory approval under the Biden Administration,” the new mine is projected to supply enough batteries to power roughly 370,000 electric vehicles (EVs) every year for the next twenty-three years. Despite concern that the mine parallels and threatens the habitat for the Tiehm’s buckwheat (the only known habitat containing the critically endangered and culturally significant flower), the BLM has been adamant that its …

Anselm Küsters, The Making And Unmaking Of Ordoliberal Language. A Digital Conceptual History Of European Competition Law, Verlag Vittorio Klostermann Frankfurt Am Main 2023, Piotr Oliński

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Originalism, Official History, And Perspectives Versus Methodologies, Keith N. Hylton

Faculty Scholarship

This paper addresses a well-worn topic: originalism, the theory that judges should interpret the U.S. Constitution in a manner consistent with the intent of its framers. I am interested in the real-world effects of originalism. The primary effect advanced by originalists is the tendency of the approach to constrain the discretion of judges. However, I identify another effect of originalism: the creation of official histories, a practice that imposes a hidden tax on society. Another question I consider is whether originalism should be considered a methodology of analyzing the law or a perspective on the law; I argue that originalism …

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

The Exactions Illusion: Sheetz’S Missing Dissent, Lee Anne Fennell, Timothy M. Mulvaney

Faculty Scholarship

In April 2024, the Supreme Court unanimously handed down Sheetz v. County of El Dorado, a land use exactions case billed as narrow, inevitable, constitutionally compelled, and obviously correct.  It was none of those things. Sheetz instead ushered in an open-ended shift of policy control over the built environment from state and local legislatures to courts. By its terms, the holding extended the Court’s stringent “exactions” test—which requires the government to prove nexus and proportionality between development conditions and development impacts—beyond its original context of parcel-specific administrative bargains to reach an unspecified set of legislated property conditions. Yet the decision’s …

Priority Without Progress: The Fda's Neglected Tropical Disease Voucher Program After 18 Years, Maple Goh, Kevin Outterson, Aaron Kesselheim

Faculty Scholarship

Introduction: To incentivize drug and vaccine development for neglected tropical diseases (NTDs), US Congress created the Priority Review Voucher (PRV) program in 2007. Sponsors that obtain Food and Drug Administration (FDA) approval for an eligible product receive a voucher redeemable to accelerate review of another product.

Methods: We reviewed the program’s public health impact by examining all 14 vouchers awarded for NTD products between 2007 and 2024, including the timing of FDA approval relative to World Health Organization (WHO) Prequalification, Essential Medicines List inclusion, first use in endemic countries, and voucher disposition.

Results: Eight (57%) achieved WHO …

Where Can I Get Information About Osha And Miosha Regs?, Rachel Sinacola Dds, Ms, Mda Membership Department Staff

The Journal of the Michigan Dental Association

This question and answer column serves as a resource for dental practice management, directing members to information on OSHA and MIOSHA regulations, bloodborne pathogens, and needlestick protocols. It promotes the Donated Dental Services (DDS) program, highlighting CE opportunities and donated lab work. The source also provides details on the Certified Dental Business Professional (CDBP) credential and explains membership dues assistance programs, such as waivers and payment plans.

Government & Insurance Update, James Budd Mpp

The Journal of the Michigan Dental Association

This governmental update details Michigan House Bills 4593 and 4594, which aim to restore statutory standards for dental specialty advertising The proposed legislation restricts the use of specialty titles and letters to dentists who hold state-recognized specialty licenses in one of twelve specific fields, such as endodontics or pediatric dentistry Supported by the MDA, these bills seek to enhance patient protection and ensure transparency by preventing practitioners without accredited training from misleading the public.

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

The February 2026 (Volume 108, No. 2) issue of the Journal is published in a 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.

This issue includes feature articles on Risk Management and 2025 Servant Leadership as well as a clinical reprint …

News You Need, David Foe

The Journal of the Michigan Dental Association

This news update summarizes MDA Board of Trustees activities, including the 2026 budget approval and legislative advocacy for licensure reform and Social Security privacy. It promotes National Children’s Dental Health Month and the biennial Mission of Mercy event. The news covers the appointment of a new Chief Experience Officer, the launch of the MDA Matters video podcast, and announcements for scholarships and award-winners.

The Military’S Abortion Crisis In The Aftermath Of Dobbs V. Jackson Women’S Health Organization, Hugh Barrett Mcclean

All Faculty Scholarship

Women in the military have not had access to abortion care since 1978, when Congress introduced an amendment to a Department of Defense (DoD) appropriations bill, later codified under 10 U.S.C. § 1093, that prohibited the use of DoD funds for abortions. While women have endured this second-class health care for over four decades, the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization has created new problems for servicewomen and the military writ large. Now military women must travel off-base and, in some instances, out-of-state or out-of-country, to seek an abortion. While women in and out of uniform …

The Deep Causes Of The Shallow State, Michael E. Herz

Articles

No abstract provided.

Recommendations For Developing A Regulatory Sandbox And A Comprehensive Legal Framework For Fintech In Vietnam - Part I, Sue M. Altmeyer, Phan Dang Hai

Akron Law Faculty Publications

Fintech, a product of the 4.0 revolution, has experienced rapid growth in Vietnam, attracting significant attention from investors and government agencies. In encouraging innovation, the authors write, the need for a practical legal framework to regulate fintech activities has become a critical issue. The authors believe that this new legal framework should include a regulatory sandbox, which would allow fintech startups to test their products in a controlled environment, helping to mitigate risks, foster creativity, and enhance regulatory oversight. This two-part article discusses challenges in creating and implementing a regulatory sandbox and provides recommendations for overcoming these hurdles. This first …

Book Review: Jessica Lake, Special Damage: The Slander Of Women And The Gendered History Of Defamation Law, Tracy A. Thomas

Akron Law Faculty Publications

No abstract provided.

Flexible Funding Authorities To Support Tribal Climate Adaptation, Monte Mills, Sydney Anderson, Lauren Young

Articles

This project is part of a policy research effort intended to support Tribes, federal agencies, and Tribal and non-Tribal organizations in addressing some of the climate adaptation barriers and needs experienced by Northwest coastal Tribes. Accessing and administering Federal funds is a significant challenge for Tribes. Existing federal funding sources are often accompanied by rigid rules that make it difficult for Tribes to flexibly allocate funds as needed, and include strict qualification criteria that limit Tribal access to funds. Short-term funding cycles can be disruptive to long-term staffing and project needs, and are often misaligned with Tribal priorities.

A Citizenship Model Of The Fourth Amendment, Danieli Evans

Articles

Fourth Amendment law is in disarray. In recent years, courts and scholars have questioned central aspects of Fourth Amendment doctrine—in particular, the reasonable expectations of privacy test that has governed since the 1960s. Scholars and judges have argued for abandoning this test and instead looking to private law (sub-constitutional rules governing private conduct, such as tort, property, and contract law) to determine Fourth Amendment protection.

At a moment when judges and scholars are questioning core aspects of Fourth Amendment doctrine, the time is ripe to reconsider the values Fourth Amendment law ought to serve. I advance a novel vision for …

International Arbitration & Artificial Intelligence: Opportunities,Challenges,And Evolving Regulations, Martínez Quintanilla, Javier Antonio

Santa Clara Journal of International Law

This paper provides a comprehensive analysis of the regulatory framework; the opportunities and the challenges associated with the use of artificial intelligence in international arbitration. First, it addresses relevant regulatory instruments such as the Guideline on the Use of AI in Arbitration of the Chartered Institute of Arbitrators (CIARB); the Guidelines on the Use of Artificial Intelligence in Arbitration of the Silicon Valley Arbitration and Mediation Center (SVAMC); the Principles Supporting the Use of AI in Alternative Dispute Resolution of the International Centre for Dispute Resolution(ICDR); the European Union Artificial Intelligence Act; and the New Task Force on AI in …

Conditions Of Vulnerability: Interpreting Social Condition Discrimination, Colleen Sheppard, Geneviève Plumptre, Hannah Reaburn

Dalhousie Law Journal

At a time of deepening structural inequality, it is important to develop human rights categories that respond to the needs of diverse social groups living in conditions of vulnerability. One source of protection, aimed at countering the exclusion and maltreatment of people who are socially or economically disadvantaged, is the addition of “social condition” as a prohibited ground of discrimination. Québec, the Northwest Territories, and New Brunswick have such protection in their anti-discrimination laws. In this article, we argue that the social condition ground is an important tool for redressing intersectional, group-based vulnerabilities that do not fit readily into traditional …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Masthead

UC Law Journal

No abstract provided.

Copyright

UC Law Journal

No abstract provided.

Table Of Contents

UC Law Journal

No abstract provided.