Law Commons^™

J Mich Dent Assoc September 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story with “Reports from the Dental School Deans”, Dr. Mert Aksu and Dr. Laurie McCauley.
• A feature article from the Journal’s DEI series, “Building a Culturally Competent Practice”.
• A feature article, “Disability Insurance: 10 Things You Need to Know”.
• News you need, Editorial and regular department articles on MDA Foundation activities, Dentistry and …

J Mich Dent Assoc June 2021

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

In this issue, the reader will find the following original content:

• A cover story “Team-Based Treatment of Oral Cancer: The U-M Experience”.
• A feature article, “Dental Management of the Head and Neck Cancer Patient Treated with Radiation Therapy: Update 2021”.
• A feature article on “Understanding Cyber Threats and the Risk they Pose to Your Practice”.
• "A Train-the-Trainer Education Model and Rural Dental Opioid Prescribing Outcomes”, a …

Modernizing Disability Income For Cancer Survivors, Ann C. Hodges

Hofstra Labor & Employment Law Journal

The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …

Modernizing Disability Income For Cancer Survivors, Ann C. Hodges

Law Faculty Publications

The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …

The Management Side Of Due Process In The Service-Based Welfare State, Charles F. Sabel, William H. Simon

Faculty Scholarship

The American social welfare system is evolving away from the framework established by the New Deal and elaborated during the civil rights era. It is becoming less focused on income maintenance and more on capacitation. Benefits thus more often take the form of services. Such benefits are necessarily less standardized and stable than monetary ones. Their design is more individualized and provisional. The new trends favor different organizational forms, and they imply a different ideal of procedural fairness.

Jerry L. Mashaw’s work of the 1970s and 1980s provided the deepest and most comprehensive analysis of the New Deal regime from …

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Lost In The Shuffle: How Health And Disability Laws Hurt Disordered Gamblers, Stacey A. Tovino

Scholarly Works

Gambling disorder is not a legally sympathetic health condition. Health insurance policies and plans have long excluded treatment for gambling disorder from health insurance coverage. Individuals with gambling disorder who seek disability income insurance benefits from public and private disability income insurers also tend not to be successful in their claims. In addition, federal and state antidiscrimination laws currently exclude individuals with gambling disorder from disability discrimination protections. This Article is the first law review article to challenge the legal treatment of individuals with gambling disorder by showing how health insurance and antidiscrimination laws hurt problem gamblers. Using neuroscience, economics, …

Disability Insurance In California, Jan Mark Dudman

Pepperdine Law Review

No abstract provided.

In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover

Pepperdine Law Review

No abstract provided.

Note: Flatford V. Chater: No Absolute Due Process Right To Subpoena A Physician Providing Post-Hearing Evidence At A Social Security Disability Hearing, James L. Hoyle

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Note: Bush V. Shalala And Pratts V. Chater: Social Security Disability Ping Pong And Contrasting Approaches In The Second Circuit: The Central Role Of An Active Alj, Jorge J. Vera Jr.

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Tobacco Abuse And Disability Benefits: Response To The 2003 Meisburg Analysis, Kathryn A. Kroggel

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Toward A Unified And Reciprocal Disability System, Paul Armstrong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Substantial Evidence Review In Social Security Cases As An Issue Of Fact, Morton Denlow

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Times They Are A Changin': A New Jurisprudence For Social Security, Jeffrey S. Wolfe

Journal of the National Association of Administrative Law Judiciary

The Social Security Administration (SSA) is wading in waters knee deep and fast rising when it comes to what is described in repeated news stories as a rising tide of backlogged Social Security disability appeals. A change in the essential jurisprudence underlying hearings afforded to those appealing an administrative denial of Social Security disability benefits is necessary to remedy the single most pressing issue in the hearings and appeals process - the hue and cry over the pending backlog of such cases.

There But For The Grace Of God Go I: The Right Of Cross-Examination In Social Security Disability Hearings , Bradley S. Dixon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Smithers, What's The Name Of This Gastropod? King-Size Homer And The Social Security Administration's Subjective Evaluation Of Fatness, Chris E. Pashler

Chris E Pashler

The Social Security Administration has recently come under criticism for its subjective evaluation of disability claims. Recent studies of the Agency’s decisions indicate that great variances in allowance rates continue to exist within the ALJ corps. These variations in decision making are a challenge to the Agency’s credibility, given the real likelihood that disability applications filed by similarly situated adults are treated differently by the ALJ corps. Prior works have looked at inconsistency at different levels in the disability certification process, but this scholarship has not sufficiently examined why similarly situated claimants are treated differently by the Agency. This article, …

Framing Disability, Elizabeth F. Emens

Faculty Scholarship

Mainstream attitudes toward disability lag behind U.S. law. This tension between attitudes and law reflects a wider gap between the ideas about disability pervasive in mainstream society — what this Article calls the "outside" view — and the ideas about disability common within the disability community — what this Article calls the "inside" view. The outside perspective tends to misunderstand and mischaracterize aspects of the experience, theory, and law of disability.

The law can help to close this gap in attitudes by changing the conditions in which attitudes are formed or reinforced. Thus, this Article proposes using framing rules to …

California's Campaign For Paid Family Leave: A Model For Passing Federal Paid Leave, Caroline Cohen

Golden Gate University Law Review

Part I of this Comment will provide a background of the stated purposes of the FMLA, the California Family Rights Act (CFRA) and California’s Paid Family Leave (PFL), and the benefits each law provides. Part II will discuss the federal income replacement bills of 2009 that need to be reintroduced and enacted to fulfill the FMLA’s intent. Part III will explain why wage replacement is needed at the federal level so that more workers are financially able to access the FMLA’s protections. Part IV will trace the legislative development of the FMLA and PFL to predict the likely challenges that …

Employee Benefits - Friedrich V. Intel Corp., Cynthia O'Brien

Golden Gate University Law Review

In Friedrich v. Intel Corporation, the United States Court of Appeals for the Ninth Circuit upheld the district court's holding that Intel, by denying an employee's claim for long term disability benefits, failed to comply with the Employee Retirement Income Security Act of 1974 ("ERISA"). In applying a two-part test to determine whether Intel acted in apparent conflict with its obligations as a fiduciary to its employee, the Ninth Circuit held that the district court properly reviewed the claim for long term disability benefits de novo and did not err in finding that the employee was entitled to benefits under …

The Legal & Business Aspects Of Career-Ending Disability Insurance Policies In Professional And College Sports, Glenn M. Wong, Chris Deubert

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Disability Rights, Disability Discrimination, And Social Insurance, Mark Weber

College of Law Faculty

This paper asks whether statutory social insurance programs, which provide contributory tax-based income support to people with disabilities, are compatible with the disability rights movement's ideas. Central to the movement that led to the Americans with Disabilities Act is the insight that physical or mental conditions do not disable; barriers created by the environment or by social attitudes keep persons with physical or mental differences from participating in society as equals. The conflict between the civil rights approach and insurance seems apparent. A person takes out insurance to deal with tragedy, such as premature death, or damage, such as accidental …

One For Twenty-Five: The Federal Courts Reverse A Decision Of The Nfl's Disability Board For The First Time Since 1993 In Jani V. Bert Bell/Pete Rozelle Nfl Player Retirement Plan, Derek Marks

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Life, Health, And Disability Insurance: Understanding The Relationships, Robert H. Jerry Ii

Faculty Publications

This project focuses on the extent to which dis-ability insurers should be allowed to use genetic information in underwriting and rate-setting, but this subject cannot be completely isolated from the related questions of whether life and health insurers should also have this discretion. Federal and state laws place significant restrictions on insurers' use of genetic information in health insurance, but regulation of such use in life and disability insurance is considerably more modest. This essay examines the reasons for this disparity and discusses the implications for future proposals to regulate disability insurers' use of genetic information in underwriting and rate-set-ting. …

Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers

Seattle University Law Review

This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.

Bankruptcy's Home Economics, David A. Skeel Jr.

All Faculty Scholarship

This essay began its life as a commentary on Elizabeth Warren’s article “The New Economics of the American Family” at the American Bankruptcy Institute's 25th Anniversary Symposium of the Bankruptcy Code in 2003. (Both the Warren article and my commentary were published in the symposium in the American Bankruptcy Institute Law Review.) “The New Economics of the American Family” was drawn in many respects from then-Professor Warren’s co-authored book, The Two Income Trap. The essay refers to both, though it puts particular emphasis on the article. The essay begins by briefly describing the basic thesis of the article-- …

The Law And Economics Of Disability Accommodations, Michael Ashley Stein

Duke Law Journal

The Americans with Disabilities Act provides a clear mandate that disabled workers be provided with "reasonable" accommodations, but does not meaningfully articulate the standards by which reasonableness ought to be measured. Until now, neither courts nor commentators have provided a systematic model for analyzing accommodation claims. This Article articulates an initial law and economics framework for analyzing disability-related accommodations. In doing so, it demonstrates how accommodations span a cost continuum that can be divided into areas of Wholly Efficient and Semi-Efficient Accommodations to be funded by private employers, Social Benefit Gain Efficient Accommodations where the costs should be borne by …

Disability Benefits And The Ada After Cleveland V. Policy Management Systems, Jessica Barth

Indiana Law Journal

No abstract provided.

The Toleration Of Unjustified Distinctions Between The Mentally And Physically Disabled In Lewis V. Kmart Corp. Makes One Thing Clear: Not All Disabilities Were Created Equal, Donna M. Orzell

Villanova Law Review

No abstract provided.

Eradicating Discrimination Among Individuals With Disabilities: Parity In Employer-Provided, Long-Term Disability Benefit Plans, Andrea K. Short

Washington and Lee Law Review

No abstract provided.