Law Commons^™

J Mich Dent Assoc February 2024

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!

• The February issue previews the 2024 Annual Session in Lansing, highlighting 61 courses, 48 speakers, and Michigan’s largest dental exhibit hall
• A Feature article on The MDA Member Assistance Program: Real Help When You Need It
• News You Need, including The MDA announcement of John Tramontana as the new CEO/executive director
• The MDA Student Debt Resource Center
• Updates on the MDA website refresh
• Celebrating National Children’s …

Criminal Justice Interventions For Individuals With Mental Health Disabilities: A Systematic Literature Review, Fidelis Azeke, Nassrine Noureddine

Pacific Journal of Health

In the criminal law, with few exceptions, for a finding of guilt, the physical act and the state of mind to commit the offense must be present at the time of the commission of the offense. People with mental disabilities often lack the state of mind required to commit the offense for which they are eventually charged for and or convicted. This paper examines the effectiveness of some past and present criminal justice system interventions that addresses the mental health disabilities of criminal offenders pre-adjudicative proceedings. A systematic review of the literature was used to examine past and present criminal …

The Eyes Beyond The Screen: Digital Media Policy And Child Health, Yahia Al-Qudah

Research Symposium

Background: Modern communication technology and digital media have provided society with a foundation for instant messaging. Pictures, videos, and texts connect individuals with families, friends, and the world. Consequently, digital media has accelerated exposure to risk in which children and adolescents are most vulnerable. This project’s objective is to 1) congregate and highlight current knowledge about the impact of digital media on child health, and 2) underline deficiencies in related laws and regulations as well as offer solutions in digital media policy.

Methods: A systematic literature review was conducted through the JAMA Pediatrics database with keywords such as “digital media,” …

Policy Analysis Report: Later Class Start Time For Adolescents, Lee Anne Brannon

Journal of Multicultural Affairs

This policy analysis offers possible solutions to the problem of early school start times across the United States. The average start time in middle and high school campuses is earlier than the recommended start time outlined by medical professionals. This report offers the rationale and research-based evidence to help schools understand the need for later start times, as developmentally appropriate for adolescent students.

Navigating The Legal Landscape Of Mental Health In The Workplace: Insights For The Dental Practice, Gary Chamberlin Milr, Jd

The Journal of the Michigan Dental Association

Dealing with an employee’s mental health situation poses complex challenges for human resource professionals. Dental practices, typically run by busy dentists or administrative managers, often lack a human resource professional and the legal expertise needed to navigate the intricacies of employment laws pertaining to mental health disabilities. Moreover, mental health issues in the workplace are sensitive, private matters that intersect with disability and leave laws and are still associated with cultural stigmas despite evolving societal attitudes. This article provides specific scenarios that give insights into the legal issues when managing dental office employees with mental health conditions. Readers should address …

Mental Health In The Dental Workplace: Recognizing Signs, Communicating Concern, And Sharing Resources, Karen M. O'Brien, Karoline J. Trovato

The Journal of the Michigan Dental Association

Dentists face numerous concerns in the workplace, including stress, burnout, anxiety, and depression. Mental health concerns affect the workplace in profound ways, including engagement in and quality of work and patient care, the level of productivity, and health care costs. Recognizing mental health concerns is an important first step in assisting dentists and their staff in receiving needed assistance from mental health professionals. Steps that dentists can use to communicate their concerns and share resources are provided. Finally, a prevention model is presented to promote mental health and workplace well-being in the practice of dentistry.

Law Enforcement Recruit Health Database, Myles C. Murphy, Simone Radavelli-Bagatini, Garth Allen, Nicolas Hart, Andrea Mosler

Research Datasets

Our study established clear demographic, mental health/physical injury, and physical performance data to be collected in a law enforcement recruit training program for injury surveillance and performance monitoring. Furthermore, we identified several items that were classified as relevant, but unlikely to be reported truthfully. These items which can help inform current practice and assist clinicians to determine the trustfulness of information received by patients when working within law enforcement environments.

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …

Reformation Within The Nation: Adapting The Nordic Rehabilitation And Reintegration Model To Positively Recondition The United States Criminal Justice System, Jessica Cornell

Helm's School of Government Conference - American Revival: Citizenship & Virtue

An analytical and statistical based comparison of criminal sentencing, incarceration, rehabilitation and reintegration in the United States of America to those of the five countries which follows those of the Nordic Criminal Justice System.

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Protect Your Patients And Yourself: The Complete And Honest Medical History, Mitchell Gardiner Dmd

The Journal of the Michigan Dental Association

This feature article emphasizes the critical role of obtaining a complete and honest medical history in dental practice. Reflecting on the evolution of clinicians' diligence since dental school, the article underscores the potential risks associated with inadequate medical histories. The legal and ethical responsibilities in gathering comprehensive patient information are highlighted, emphasizing the impact on patient well-being and the dentist's vulnerability to legal challenges. The complexities of patients' truthfulness, especially regarding sensitive topics, are discussed, urging clinicians to establish trust for accurate disclosures. The article concludes with practical recommendations, stressing the ongoing need for thorough medical history reviews and the …

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …

Diary Of An Afghan Woman Collection - September 2021

TSOS Interview Gallery

Four women share with us their daily lives in Afghanistan. Join them as they express their love for the country, the people, and each other; and as they share with you their deepest fears and most intimate moments.

They refuse to be silenced as they journey through this new, uncharted chapter in Afghanistan's history.

We at TSOS are honored to provide a platform for their voices to be heard. We will post entries as we receive them. For safety purposes, names have been changed and only avatars (designed with input from each woman) will be used.

ZOYA

Zoya is a …

Measurement And Predictors Of Mental Health Among Parents Of Children With Intellectual And Developmental Disabilities, Rumi Agarwal

FIU Electronic Theses and Dissertations

Parents of children with intellectual and developmental disabilities (IDD) experience elevated levels of stress, anxiety, and other adverse mental health conditions. Despite extensive literature on parental mental health, this research addressed three gaps. First, a systematic review identified the interventions and respective scales used to address and assess stress and anxiety among parents of transition-aged children with autism spectrum disorder (ASD). This was necessary given that the stressors parents experience vary with the age of the child. Of the 11 studies included in the final review, it was evident that most interventions and scales were not aligned with the unique …

To What Extent Are Appropriate Resources Provided To Veterans With Mental Illness To Prevent Contact With The Criminal Justice System?, Riley Christine Doyle

Master’s Theses and Projects

United States military veterans are a special population of men and women that have willingly sacrificed their lives to serve their country. They are perceived to be patriotic, honorable, strong, and disciplined people. Unfortunately, veterans are not exempt from committing criminal acts that land them in the criminal justice system. In fact, veterans are highly susceptible to developing mental illnesses and substance use disorders which can ultimately lead to criminal behavior. The purpose of this study was to examine to what extent available resources are provided to veterans to help them prevent contact with the criminal justice system. This study …

Carrying Trauma From Birth To Work: Adverse Childhood Experiences In Law Enforcement Officers And Their Implications, Stephen Levesque

Criminology Student Work

Previous research has drawn attention to the discrepancies of mental health between civilians and sworn law enforcement officers. The extant literature shows that law enforcement officers suffer from mental health disorders at far greater rates than the general public (Henderson et al., 2015). Most of the literature focuses on the progression of an officer’s law enforcement career. Little is discussed about prior traumatic experiences in the lives of police officers, especially those experiences which leave lasting scars on officers who go on to possibly relive their own trauma through their work. The current research was intended to fill that void. …

When Mental Health Meets “The One-Armed Man” Defense: How Courts Should Deal With Mccoy Defendants, Farid Seyyedi

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s opinion in McCoy v. Louisiana held that a defendant has a constitutional right to insist their attorney not concede guilt as to any element of an offense, even if doing so is the only reasonable trial strategy to give the defendant a chance at life imprisonment instead of the death penalty. Under McCoy’s holding, a defendant can insist on maintaining their innocence—even in the face of overwhelming evidence—and force their attorney to pursue a defense that will land them on death row. The Supreme Court’s holding makes clear that a strategic concession of guilt at trial—over …

Punishing The Victim: Model Rule 1.16(A)(2) And Its Relation To Lawyers With Anxiety, Depression, And Bipolar Disorder, Daniel G. Esquivel

St. Mary's Journal on Legal Malpractice & Ethics

Abstract forthcoming.

Sustaining Lawyers, Seema Saifee

All Faculty Scholarship

Many lawyers are drawn to a career in social justice, in part, to help others and, in part, to fulfill their own path to wellness. Advocacy that sustains personal well-being, however, also poses considerable obstacles to well-being. Some of these obstacles are inherent to social justice work but some are embedded within organizational culture. These cultural norms impair the health of advocates, harm the communities with whom they work, and portend far-reaching consequences for the future of progressive struggles for freedom. Drawing on the author's personal experience, this Essay identifies three cultural norms, described as pathologies, that are rarely discussed …

Shurooq, Shurooq, Brandi Kilmer, Sherianne Schow, Nicole Taylor, Sasha Sloan

TSOS Interview Gallery

Shurooq fled Iraq and came to the United States when she was 12. Iraq was a beautiful place full of family and celebration. Her brother passed away from leukemia 1 1/2 years prior to coming to the States. Prior to his death, their father took him to Syria to for treatment. He passed in Syria. Although the family had applied for a medical visa to the United States, upon Shurooq’s brother’s passing, they received threats and knew they could not stay. The call came for the visa and all but her mother were able to come. Thankfully her mother arrived …

Ziba, Ziba, Sherianne Schow, Brandi Kilmer, Heather Oman

TSOS Interview Gallery

Ziba, a promising medical student, fled Afghanistan in 2018 due to instability and for her safety. Life was difficult upon arrival in the United States. In Afghanistan Ziba was involved in national and international poetry, math and science competitions. Ziba went from having everything to starting completely over in a new country. Her anxiety and depression became extremely difficult to deal with She reminded herself who she was, what her passions were and in January 2019 started medical school while working part time as a cashier. Her hope for future arriving refugees is to have a mental health network established …

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review (2017-Present)

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …

Police Social Work In Minnesota: Starting The Conversation, Jenny Ellsworth, Taylor Fish, Alison Niesen, Natalia Pitts

Master of Social Work Student Policy Advocacy Briefs

Even with enhanced police officer training focused on improving responses to mental illness, chemical dependency, and other crisis-related calls, police officers remain ill-equipped to serve as trained mental health professionals. Officers respond to these service-related calls more frequently than crime-related calls, which is why community partnerships between police officers and social workers are needed to promote the safety and well-being of people in crisis.

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …

Job Stress Effects On Job Satisfaction And Attrition In 9-1-1 Call Centers, Damarys Jaile Gilligan

Theses and Dissertations

In 9-1-1 call centers across the nation the personnel shortage has become a crisis. The nature of the job of a 9-1-1 telecommunicator is stressful due to the high volume of emergency calls. This applied dissertation was designed to learn if there is a relationship between job stress, burnout levels, and job satisfaction in 9-1-1 telecommunicators. This was a nonexperimental quantitative survey research with a correlational approach. The population was a nonprobability convenience sample recruited through the Survey Monkey Audience platform. Data was collected at one point in time. A total of 37 participants took part in the study. All …

Rawah, Rawah, Brandi Kilmer

TSOS Interview Gallery

No abstract provided.

“Para Nunca Más Vivirlo, Nunca Más Negarlo”: El Legado De Violencia Sexual Durante La Dictadura, Isabel De La Torre

Independent Study Project (ISP) Collection

Research Question: What are the mental health effects of sexual political violence against women during the dictatorship and during the current socio-political movement?

Objectives: The general objective of this study is to identify how sexual political violence has been used in Chile against women and to analyze its consequences on the mental health of survivors. More specifically, this study attempts to investigate the mechanisms sexual political torture during the dictatorship and now, visibilize the unique damages to mental health caused by this type of violence, and analyze the dictatorial legacy in regards to sexual violence and the current socio-political climate. …

Stress Reduction: Mindful Mandalas, Olivia Parrott, Carolyn Gillespie, Krystal Klag, Eleke Bonsi, Jenn Smith

Scholar Week 2016 - present

Mental Health is an ever-increasing topic of discussion in several sectors of today’s society. One career, law enforcement, seems to correlate job-related responsibilities with rising numbers in post-traumatic stress disorder, depression, and anxiety. A group of nursing students from Olivet Nazarene University sought to incorporate their understanding of stressors associated with the helping profession of law enforcement while researching cost-effective, evidence-based, self-care methods that have a proven ability to reduce signs of depression and anxiety. One such method is the practice of mindfulness.

Mindfulness must be understood fundamentally before it may be useful in practice in reducing the effects of …

Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.