Law Commons^™

J Mich Dent Assoc July 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 5,800 members. It stands as the primary publication reaching Michigan dentists. The all-digital July issue features Dr. Michele Tulak-Gorecki’s "It’s Time to Dare Greatly at the ADA," where she outlines her vision for ADA president-elect, focusing on financial integrity, strengthened advocacy, and fostering unity amidst challenges like declining membership and issues with the association management system.

Supporting articles highlight the MDA’s endorsement of MEDVA, offering cost-effective, HIPAA-compliant virtual assistant solutions for dental practices to …

0893: Maurice G. Burnside Collection, 1793-2003, Marshall University Special Collections

Guides to Manuscript Collections

This collection was deaccessioned from East Carolina University to Marshall University Special Collections. The original processing, organizing, and files were maintained in this transfer. The only change that has been made is the addition of the new accession number to the existing folders.

The bulk of this collection pertains to Dr. Burnside’s congressional and political activities (1945-1956) and is composed largely of scrapbooks, newspaper clippings, and photographs. Materials reflect the time and effort Dr. Burnside directed towards environmental issues, unemployment, the problems faced by small businesses and farmers, and the promotion of tariffs on foreign products that competed with local …

Masthead

UC Law Constitutional Quarterly

No abstract provided.

Editor-In-Chief’S Foreword, Megan Stupi

UC Law Constitutional Quarterly

No abstract provided.

Default Is No Option: The Unconstitutionality Of The Debt Limit Law, Fred A. Slone

UC Law Constitutional Quarterly

This article demonstrates conclusively the unconstitutionality of a widely feared default on the public debt due to the debt limit.

First, we find that Article I of the Constitution granted Congress no power, express or implied, to provide for a default by the United States. Under the principles of constitutional law established by the Supreme Court in Marbury v. Madison (1803), any law outside the powers of Congress is void. Thus, the unconstitutionality of a default may be readily established pursuant to Article I, with additional support from the Tenth Amendment.

Furthermore, we find that the Fifth and Fourteenth Amendments …

Reevaluating Fourth Amendment Protections In The Digital Age, Tiffany Benjamin

UC Law Constitutional Quarterly

No abstract provided.

Skirmishing Toward A General Theory Of Evidence And Proof, Kevin M. Clermont

Cornell Law Faculty Publications

Traditional probability fundamentally assumes bivalence and additivity: there is only truth and falsity, whose odds add to one. The consequence is many problems and paradoxes for factfinding, all attributable to the assumptions’ exclusive focus on random uncertainty. By contrast, multivalent belief theory abjures those two assumptions, thereby allowing consideration of epistemic uncertainty. This theory divides the factfinder’s state of mind into three, not two, gradated concepts: belief, uncommitted belief representing epistemic unknowns, and disbelief. This theory utilises a more general but perfectly valid logic that accounts for all relevant kinds of uncertainty and so explains the law’s wise practices. In …

Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott

Journal of Dispute Resolution

This empirical study suggests that the existence and impact of the “repeat player effect” (“effect”) may be exaggerated. Legal and conflict resolution theorists suggest that the existence of repeat players is a process flaw. They opine that first time players (“one-shotters”) are at a disadvantage to repeat players. Stulberg extended this process flaw theory to mediation.

Arbitration: An Unstoppable Wave?, Matthew Boston

Journal of Dispute Resolution

In recent years, large companies have started favoring the use of compelled arbitration agreements. Arbitration is one of many mechanisms encompassed under alternative dispute resolution (“ADR”), a broad framework by which parties may seek alternatives to litigation. As a whole, ADR arose with the intent of avoiding the high costs of litigation. Arbitration became the “principal form of ADR” for a period of time, with cost savings in mind.

Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien

Journal of Dispute Resolution

In the mid-twentieth century, the landscape of copyright was quickly changing, facing new technologies as well as cultural changes that would ultimately test the limits of the 1909 Copyright Act. Choreographic copyright protection changed immensely throughout the last half of the twentieth century, and one ballet company at the forefront of the changing tides of copyright law was the New York City Ballet (“NYCB”), led by choreographer George Balanchine. By the time Balanchine passed, the legacy of both his company, NYCB, and his body of copyrighted work was immense enough to determinatively color the way choreographic copyrights are handled under …

Exploring Mutable Characteristics And Discriminatory Perceptions In Justice Systems, Daniel L. Chen

Minnesota Journal of Law & Inequality

No abstract provided.

#Taxback? Prohibiting State Real Property Taxes On Land In Indian Country, Pippa Browde

Faculty Law Review Articles

Land is a critical asset of Indian tribes. As tribes wrestle with how to create sustainable economies to support their sovereignty, the use and management of tribal land is integral. Taxation is a key component of economic development. This Article is about taxation of land within Indian country. It considers existing law that allows for state taxation of some land within Indian country. It makes a normative claim as to who the proper taxing sovereign should be based on tax policy principles and principles that support tribal self-governance and tribal sovereignty.

In Part II, this Article provides the background for …

Masthead & Table Of Contents

Dalhousie Law Journal

No abstract provided.

Introduction: Christie Symposium On Law And Labour Market Inequality, Liam Mchugh-Russell

Dalhousie Law Journal

No abstract provided.

Racial Capitalism, Neocolonial Wealth Transfer, And Canadian International Student Policy, Vincent Wong, Arman Sohi

Dalhousie Law Journal

This paper examines historical and contemporary trends in Canadian international student policy through the lens of racial capitalism, arguing that current policy facilitates a significant neocolonial wealth transfer from Global South families to Canada through processes of expropriation, exploitation, and expulsion. It argues that discriminatory tuition fees effectively function as “education head taxes”, which extract billions of dollars annually from international students. Meanwhile, “gauntlets” to permanent residency have emerged in an immigration landscape where working class migrants have narrower options to regularize, creating a system of labour exploitation where student-labourers face precarious conditions and structural indebtedness. Finally, the constant threat …

Re-Reading Power Inside The Aml-Ctf Regime, Sanaa Ahmed

Dalhousie Law Journal

Money laundering and money laundering controls are having a global moment. Many jurisdictions around the world—some more than others—feature regularly in news cycles for either offences to do with money laundering or sanctions avoidance or the laxity of controls that enable such activities. The mainstream media has reported on stories about banks in Canada and football clubs in Italy, about charities in the UK and the real estate industry in the US. Each revelation prompts mea culpas from offenders—TD Bank in Canada is one such example—and often, a raft of new or enhanced regulatory measures.

Critically, the point that remains …

Sabin Center For Climate Change Law Annual Report 2024-2025, Tiffany Challe

Sabin Center for Climate Change Law

This 2024-2025 annual report highlights the Sabin Center’s breadth and impact across our program areas, including climate litigation, carbon management and negative emissions technologies, US climate policy, energy transition, climate law and finance.

July 2025 Louisiana Bar Exam, Louisiana Supreme Court Committee On Bar Admissions

Louisiana Bar Exams

No abstract provided.

No.56 - July 2025, Center Of Civil Law Studies

The Center of Civil Law Studies Newsletter

No abstract provided.

Table Of Contents

Washington and Lee Law Review

No abstract provided.

Heat Camps: Juvenile Curfews, Extreme Heat & The Eighth Amendment, Norrinda Brown

Washington and Lee Law Review

For decades, in the summertime, America has confined certain of its youth in what are essentially open-air heat camps. In city after city, camp-form is established through the enactment of warm-weather juvenile curfews which keep the youth at home or in state-sponsored centers during summer nights and, increasingly, during days as well. Local governments justify these curfews with general notions of “public safety,” including to protect the youth they confine. But the laws are not benevolent. Reducing youth mobility by curfew results in exclusion, oversurveillance, and potentially lethal heat punishment of the youth, possibly in violation of the Eighth Amendment. …

The Children’S Lawsuits: Building A Global Movement In Law And Society, Mary Christina Wood

Washington and Lee Law Review

This essay describes the Atmospheric Trust Litigation (ATL) campaign, spearheaded by Our Children’s Trust, consisting of climate cases brought by youth premised on the public trust principle and, later, on express constitutional rights. The essay characterizes the cases as (1) accomplishing a “rights turn” in environmental law by invoking constitutional claims rather than statutory claims that previously marked almost all environmental litigation; (2) establishing a unified global framework of climate responsibility by depicting the planet’s atmosphere as a global public trust asset which all governments have an obligation to protect; and (3) galvanizing a youth climate movement centered on the …

Child/Youth Climate Litigation: Tracking Children’S Rights And Children’S Impact, Aoife Daly, Liesl Muller

Washington and Lee Law Review

Children and youth have been engaging extensively in climate action around the world. They have been doing this by protesting in the streets, talking with governments, and most recently by taking climate litigation against governments and companies. In this Article, these climate cases are considered from a children’s rights perspective. Using the Youth Climate Justice database, fifty cases are analyzed to consider two aspects of climate litigation—the children’s rights involved in the case, and the significance of the outcomes of the cases. It is concluded that climate cases are a new form of child participation in society, and that child …

Alabama’S Ivf Immunity Law: A Constitutional License To Kill?, Dani Wasshausen

Washington and Lee Law Review

In today’s post-Dobbs world, states may freely define fetal “persons” and those fundamental rights afforded to them, but not without consequence. The Supreme Court of Alabama’s groundbreaking decision in LePage v. Center for Reproductive Medicine, P.C., holding that frozen embryos are “children” under the Wrongful Death of a Minor Act, led fertility clinics and services across the state to close. These in vitro fertilization (IVF) providers feared liability exposure because their standard practices—including embryonic fertilization, testing, cryopreservation, and transfer—inevitably result in damage or death to embryos. The Alabama Legislature swiftly responded by enacting a law granting broad civil and criminal …

Patients V. Profits: Addressing Private Equity’S Incursion On Healthcare, Michael Mccarthy

Washington and Lee Law Review

Between 2013 and 2023, private-equity-sponsored investment funds spent one trillion dollars on healthcare acquisitions, targeting hospitals, physician practices, and specialty providers. This Note examines the growing role of private equity in the US healthcare system and its implications for cost, quality, and competition.

ring struggling hospitals and medical practices much-needed capital and managerial expertise. In practice, however, prevalent private equity practices often create moral hazards by prioritizing short-term financial gains over long-term community health. Their reliance on debt, short investment horizons, and consolidation strategies can translate into higher prices, compromised care, and anticompetitive behavior. Mounting empirical studies reinforce these concerns, …

Graduate School Blog - July 2025 Volume 1, Cynthia Haynes

UofM Grad School Blog

The July 2025 UofM Graduate School Blog – Volume 1 continues the Cost of Graduate School Guide with a deep dive into hidden and variable expenses such as residency-based tuition differences, program-specific fees, and differential tuition. The blog provides practical tips for prospective students on how to ask the right financial questions when comparing programs. It also features a student spotlight on Billy Brooks, a dual MHA/MBA candidate motivated to transform healthcare access and equity. Upcoming events include a Virtual Fall 2025 Open House with Financial Aid and USBS, a Dissertation Writers Retreat, and both in-person and virtual Graduate Student …

Property Values: Accounting For Racial Valorization And Stigmatization In Development, Audrey G. Mcfarlane

Articles

No abstract provided.

Foreword: Children And Constitutions In The Anthropocene Era, Catherine Smith

Washington and Lee Law Review

In Spring 2025, the Washington and Lee Law Review held its Lara D. Gass Symposium, Children and Constitutions in the Anthropocene Era. It consisted of a keynote address by Julia Olson, Co-Executive Director and Chief Legal Counsel of Our Children’s Trust, and three panels: “Children, Climate Change, and State Constitutions”; “The U.S. Constitutions and the Meaning of ‘We the [Young] People’”; and “Youth-Powered Litigation and Global Constitutionalism.” The heavily attended Symposium was a tour-de-force in the field of children’s rights.

As climate chaos mounts, young people around the world are pressing courts to reconceptualize the meaning of liberty, equality, and …

Artificial Intelligence In Ethics And Society, Amy B. Cyphert, Sally Brown

Artificial Intelligence Exhibit

This section explores the ethical dilemmas, social impacts, bias and fairness of AI use.

Earth Day 2025: Albuquerque, Nm, Clifford Villa

Faculty Scholarship

This Earth Day 2025, I was at home in Albuquerque, New Mexico, where I was born and raised, where we measure time in family generations. For too long, I’ve been away. But returning home, I have new perspectives—and new technology. You may laugh, but I’ve discovered Merlin.