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Full-Text Articles in Law

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 …


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 …


Defending Rule-Of-Law Minimalism, Ashraf Ahmed Aug 2025

Defending Rule-Of-Law Minimalism, Ashraf Ahmed

Faculty Scholarship

The rule of law is a political idea that counts only allies and no enemies. As a popular concept, the rule of law inspires broad rhetorical support. In the United States, for instance, liberals and conservatives alike invoke the “rule of law” as a normative lodestar in political conflicts. Liberals targeting the Trump administration cast their lawsuits as a defense of the rule of law. In parallel fashion, conservatives often charge creative readings of old statutes and ambitious administrative action as departures from the rule of law. It seems that any viable political venture must defend, advance, or at least …


The Origins Of "The Rule Of Law", Jeremy K. Kessler Aug 2025

The Origins Of "The Rule Of Law", Jeremy K. Kessler

Faculty Scholarship

This Article offers a novel account of the origins of “the rule of law” in the English-speaking world. The phrase itself likely entered the language as a literal translation of the Latin regula juris. Prior to the early seventeenth century, however, the phrase appears to have been used exclusively to refer to the specific legal rule or maxim most relevant to the resolution of a particular kind of dispute. The more general and abstract use of the phrase – to refer to an ideal of political morality or an ideal type of governance – first appeared in the public …


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 …


Foreword, Madhav Khosla, Jedediah Britton-Purdy Aug 2025

Foreword, Madhav Khosla, Jedediah Britton-Purdy

Faculty Scholarship

What is the rule of law, and why does it matter? Scholars have tended to pose this question as a conceptual one: does organizing power and authority by means of law imply certain moral commitments, ways that power should be shaped and constrained?


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 …


Cardozo Law News Brief: August 1, 2025, Benjamin N. Cardozo School Of Law Aug 2025

Cardozo Law News Brief: August 1, 2025, Benjamin N. Cardozo School Of Law

Cardozo Law News Briefs

This Cardozo Law News Brief highlights the expansion of Cardozo’s Criminal Defense Clinic to address the lack of representation for those on death row, with Professor Kathryn Miller emphasizing the need for specialized counsel in capital cases. Faculty in the media include Professor Peter Markowitz in Gothamist on Trump’s efforts to end New York City’s sanctuary laws, Professor Rachel Landy in Variety urging state reform of the ticketing industry, Professor Wilfred Codrington III in The Hill on Republican efforts to weaken the Voting Rights Act, Professor Lindsay Nash in the Associated Press on ICE subpoenas, Professor Michael Pollack in Houston …


Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur Aug 2025

Labor, Leisure, And Law, Aneil Kovvali, Jonathan S. Masur

Articles

Americans work harder than their counterparts in many other advanced economies. While many predicted that technological progress would eventually make work obsolete, Americans continue to pull long hours. Although stories of worker burnout and “quiet quitting” suggest that this situation is not a good fit for everyone, any problems are largely invisible to the conceptual frameworks that dominate the analysis of law. These frameworks normally assume the goal of maximizing production and often treat the human preference for leisure as a problem to be solved. This Article analyzes the problem of overwork. In doing so, it surfaces legal and policy …


Teaching Transactional Skills And Lawyering Values To First-Year Students Through An Affordable-Housing Deal, Laura E. D'Amato Aug 2025

Teaching Transactional Skills And Lawyering Values To First-Year Students Through An Affordable-Housing Deal, Laura E. D'Amato

Faculty Scholarship

With the anticipated launch of the NextGen bar exam next year, transactional lawyering skills are enjoying increased attention in first-year law school curricular development. At the same time, recent amendments to ABA Rule 303 have made it essential for new law students to learn about the profession’s core values and responsibilities. While these evolving priorities open the door to pedagogical innovation, incorporating two distinct topics into an already packed curriculum can be challenging. This article explores how a simulated affordable-housing financing deal has served as a cohesive foundation for introducing first-year students to transactional skills and core professional values.


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 …


Is R&D Rivalry Slowing The Growth Of Productive Firms?, Yoshiki Ando, James Bessen, Xiupeng Wang Aug 2025

Is R&D Rivalry Slowing The Growth Of Productive Firms?, Yoshiki Ando, James Bessen, Xiupeng Wang

Faculty Scholarship

The reallocation of jobs to more productive firms is a substantial component of aggregate productivity growth, yet job reallocation rates have declined substantially in the United States. This paper explores the hypothesis that greater technological rivalry has exacerbated adjustment costs, slowing reallocation. Using microdata at the US Census and estimates of technological rivalry in firm growth regressions, we find that technological rivalry slows firm responses to productivity shocks. Firms do not expand as rapidly in the face of higher obsolescence risk. Estimating counterfactual firm growth from 1997-2018, we find that growing technological rivalry accounts for most of the decline in …


Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis Aug 2025

Criminogenic Risk Factors For Delinquency In Relation To The Custodial Parent: Incorporating Parent-Child Gender Dyads, Behavioral Control, And Support, Niko Noel Piña-Anastasiadis

All-Inclusive List of Electronic Theses and Dissertations

Juvenile delinquency tends to be higher in single-parent households (Kroese et al., 2021). Research investigating this phenomenon has found conflicting results on whether a juvenile has lower rates of delinquency with a custodial father (paternal hypothesis), custodial mother (maternal hypothesis), or whether gender is secondary to other factors. Similarly, some studies found that the interaction of the juvenile living with a same-gendered parent was associated with lower levels of delinquency. Further complications include how parental variables, such as behavioral control and support levels, may interact with the juvenile and custodial parent gender (Hoeve et al., 2009). The current study utilizes …


Cardozo School Of Law Expands Its Criminal Defense Clinic To Address The Lack Of Representation Available To Individuals On Death Row Amid Increase In Cases, Death Penalty And Criminal Defense Clinic Jul 2025

Cardozo School Of Law Expands Its Criminal Defense Clinic To Address The Lack Of Representation Available To Individuals On Death Row Amid Increase In Cases, Death Penalty And Criminal Defense Clinic

Cardozo Law News Archive

Cardozo announced the expansion of its Criminal Defense Clinic, now renamed the Death Penalty and Criminal Defense Clinic (DPCDC), to address the growing lack of representation for individuals on death row amid rising executions in the U.S. The clinic will provide students with specialized training in capital defense while continuing its long-standing work with the Legal Aid Society in New York City. Students will now also travel to southern states to investigate and draft post-conviction claims for death row clients. Co-directed by Professors Kathryn Miller and Jonathan Oberman, the clinic offers hands-on experience in high-stakes litigation and reflects Cardozo’s commitment …


Popular Originalism, Thomas G. Donnelly Jul 2025

Popular Originalism, Thomas G. Donnelly

BYU Law Review

Scholars are obsessed with the Roberts Court’s recent turn to history and tradition. But another source of authority has also emerged as an important feature of the Roberts Court’s approach to constitutional cases. In previous work, I have referred to this source of authority as popular meaning. While original meaning identifies the best reading of the Constitution’s text at the time of its ratification, popular meaning draws on sources of authority outside the courts to capture the constitutional views of the American people today. In this Article, I demonstrate how interpreters might draw on the Constitution’s popular meaning to help …


Regulatory Influence In The Financial Markets Revisited, Jessica E. Lees Jul 2025

Regulatory Influence In The Financial Markets Revisited, Jessica E. Lees

BYU Law Review

Historically, the financial markets of the United States and their corresponding regulatory scheme wielded unique influence throughout the globe. But this influence is waning, due largely to the centralization of financial services rulemaking within the European Union and the growth of global emerging markets. It is thus an important time to consider the circumstances under which a jurisdiction may assume and exercise the global regulatory influence traditionally wielded by the U.S. regime.

This Article develops a new framework to specifically address regulatory influence within global financial regulation and financial markets more broadly, looking beyond market size to establish a more …


Them’S Fightin’ Words—Maybe: Testing The Application And Boundaries Of The “Fighting Words” Doctrine Using A Randomized Survey Experiment, Erin Cranor, Dane Thorley Jul 2025

Them’S Fightin’ Words—Maybe: Testing The Application And Boundaries Of The “Fighting Words” Doctrine Using A Randomized Survey Experiment, Erin Cranor, Dane Thorley

BYU Law Review

Advanced note to readers: The survey experiment in this Article depicts acts of verbal violence, including the use of raceand gender-based epithets. Some of the relevant caselaw also includes offensive or harmful language.

As one of only a handful of exceptions to the First Amendment’s bar on laws proscribing speech, “fighting words” are defined as “those personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reaction.”1 It is unclear, however, how this relatively old doctrine applies to contemporary speech. Additionally, the standard is itself potentially problematic in …


“Context In Context”: The Collapse Of Title Ix’S Substantial Control Requirement, Morgan Bronson Jul 2025

“Context In Context”: The Collapse Of Title Ix’S Substantial Control Requirement, Morgan Bronson

BYU Law Review

Title IX of the Education Amendments of 1972 (Title IX) plays a critical role in addressing sex discrimination in academic settings. Though the statute envisions robust administrative enforcement, courts have largely been responsible for shaping Title IX’s liability framework, including in cases involving student-on-student sexual harassment. In two early decisions, the Supreme Court introduced five conditions necessary to establish a federal funding recipient’s liability in such cases. Among them was a two-part “substantial control” requirement: the recipient must have exercised control over both the harasser and the context of the harassment. The Court, however, never clearly articulated these conditions, leading …


Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen Jul 2025

Eviscerating The State: The New Oligarchic And Authoritarian Project To Undermine American Constitutional Democracy, Jean L. Cohen

Emancipations: A Journal of Critical Social Analysis

No abstract provided.


High-Tech Industries' Global Resource Utilization And Transaction Cost Economics, Bei Johnson Jul 2025

High-Tech Industries' Global Resource Utilization And Transaction Cost Economics, Bei Johnson

Akron Law Review

No abstract provided.


Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park Jul 2025

Beyond The Face: Examining Legal Regulations For Law Enforcement Facial Recognition Technology, Insun Park

Akron Law Review

No abstract provided.


The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney Jul 2025

The Role Of Proactive Management Based Regulation In Assisting Lawyers And Promoting Public Protection, Susan Saab Fortney

Akron Law Review

No abstract provided.


The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin Jul 2025

The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin

Akron Law Review

The regulation of social meaning has traditionally been subjected to rational choice theory (RCT) perspectives in an age when the internet and technology were in nascent stages of development. Today, social meaning is being regulated in much more subtle but powerful ways by digital platforms who are leveraging behavioral economic (BE) insights to control, dictate, and reshape the social meaning of a variety of social roles, conduct, objects, and events. Whilst this form of social government (or private ordering of society’s social fabric) has obvious and desirable benefits to recalibrating society as a collective and assuaging or reversing the stereotyping …


What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen Jul 2025

What Are The Influential Factors In The Settlement Process For Due Process Disputes Under The Individuals With Disabilities Education Act?, Perry A. Zirkel, Ann Vevier Lockwood, Linling Shen

Akron Law Review

This article reports on the background, method, findings, and implications of a national survey of parent-side attorneys, mediators, and school-side attorneys who all have extensive experience in the settlement of special education disputes. The focus is on identifying the major factors that influence whether these disputes are settled in the context of due process hearings.


Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson . Jul 2025

Advancing Diversity Training For Police Officers Through Community-Based Multicultural Immersion Practices: Recommendations For Law Enforcement Trainers And Managers, Chaunda L. Scott, Jeanetta D. Sims, Charles Wilson .

Journal of the North American Management Society

From 2014 to the present, police shootings with the use of deadly force among communities of color have become a matter of heightened national concern. This study draws on an extensive literature review gathered from open sources, academic journal articles in law enforcement, criminal justice and government documents as well as on key definitional foundations to explore the impact of cultural competence training activities for police officers. Through a case study of primary research, insights are offered from an adult education community-based multicultural immersion program. The authors of this paper argue for the integration of community-based multicultural immersion learning approaches …


There's Not Enough Cement And Too Much Air In That Concrete: Addressing The Weakness Of The Supreme Court's Concrete Injury Analysis, Sidney Balaban Jul 2025

There's Not Enough Cement And Too Much Air In That Concrete: Addressing The Weakness Of The Supreme Court's Concrete Injury Analysis, Sidney Balaban

St. John's Law Review

(Excerpt)

“Zombie” debt collectors—third-party entities who purchase from creditors and attempt to collect on debts that have passed the statute of limitations periods—have become a particular nuisance and source of distress to the unsuspecting consumer. A serious problem arises in some states, such as Illinois, which allow for the limitations period to restart if the debtor began making payments again or promised to make payments, giving nefarious debt collectors the chance to trick consumers into renewed legal liability—a true zombification. Fortunately, in 1978, Congress passed the Fair Debt Collection Practices Act (“FDCPA” or “the Act”) to “eliminate abusive debt collection …


Modern Challenges To Mandatory Immigration Detention: Building Constitutional Walls Around Statutory Expansions, Timothy Zurcher Jul 2025

Modern Challenges To Mandatory Immigration Detention: Building Constitutional Walls Around Statutory Expansions, Timothy Zurcher

St. John's Law Review

(Excerpt)

Pierre Michel arrived in the United States from Haiti at three years old as a Lawful Permanent Resident (“LPR”). After developing substance abuse issues in his adolescence, Michel received several nonviolent criminal convictions and was detained in contemplation of his deportation. Nearly two years later, Michel was finally released after successfully petitioning for Cancellation of Removal. Michel had no opportunity to obtain his freedom sooner, despite his clear eligibility for relief. Like Michel, in 2003, student Sylvester Owino pled guilty to second-degree robbery without understanding the immigration consequences of his conviction. After serving over two years in prison, Owino …