Health Law and Policy Commons^™

The Law Of Healthcare Administration, 11th Ed., Sallie Sanford, J. Stuart Showalter

Books

The Law of Healthcare Administration, 11th Edition,aims to provide future healthcare leaders with the most accurate, engaging, and practical guide to this complex area of law. Its extensively revised 15 chapters include coverage of the American legal system, medical malpractice law, tax exempt standards, fraud and abuse investigations, abortion regulation, healthcare initiatives undertaken by the second Trump administration, and more.  Its new case law examples involve not only hospitals and physicians but also other institutional providers (such as community health centers and nursing homes) and individual allied health professionals (such as pharmacists and nurse practitioners).

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

The May 2026 (Volume 108, No. 5) issue of the Journal is published in print format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

The May 2026 issue of the MDA Journal introduces Dr. Melanie Mayberry as the new association president, highlighting her …

Dentistry And The Law: The Importance Of Termination Rights, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column explores the legal importance of termination rights in contracts with dental product suppliers. It explains that termination provisions—including notice periods and termination fees—must be carefully negotiated upfront, as they are generally enforceable once signed. The author clarifies that large termination fees may be deemed unenforceable penalties if they do not reasonably approximate actual losses. The article advises dentists to shop around for favorable contract terms and seek explanations for restrictive clauses.

Arrest Rates And Police Presence In East Bay Area Counties Of Northern California, Christiana M. Tyler

Electronic Theses, Projects, and Dissertations

In this research study, we discuss the social phenomenon of mass incarceration in the United States. Previous research has evidenced clear racial disparities within this social issue, but has yet to make a connection between high incarceration rates and the sheer volume of police officers in many communities. This descriptive study sets out to discover whether there is a difference in incarceration rates based on the level of police presence in select counties in Northern California. The study will measure police presence by the number of police officers, using secondary data from U.S. government and nonprofit agencies. The researcher hypothesizes …

A Mass Disabling Event: Why California Courts Must Protect Workers’ Families From Take-Home Covid, Ellery Armstrong

Seattle Journal for Social Justice

No abstract provided.

May 2026 Government And Insurance Affairs, James Budd Mpp

The Journal of the Michigan Dental Association

This report summarizes the MDA’s participation in the ADA's annual Lobby Day in Washington, D.C.. MDA representatives met with congressional offices to advocate for student loan reform, including interest-free deferment during residency (H.R. 2028), and ERISA reform to ensure consistent patient protections across all dental insurance plans (H.R. 7931). The update also highlights efforts to protect the federal oral health infrastructure and introduces the "Member Minute" program for submitting legislative and insurance questions directly to the advocacy team.

Vaccines, Religious Liberty, And The Gvr As Doctrinal Signal, Zalman Rothschild

Articles

This Essay proceeds in four Parts. Part I traces the doctrinal baseline, showing that vaccines have long functioned as the limit case for religious liberty. Part II briefly describes the doctrinal changes of the COVID-19 era — the Supreme Court’s expansion of religious equality doctrine, and its emergency-docket denials that left vaccine mandates formally unresolved — before explaining why the GVR in Miller signals a different move: the extension of the religious liberty framework to vaccine mandates, bypassing the comparability analysis that had allowed most courts to sustain them under the equality model. Part III turns to Miller itself and …

Blue Sky Thinking In A Red Sky World, Camila Bustos, Joshua Ulan Galperin, Margot J. Pollans, Laurie Jamile Beyranevand, Rebecca Bratspies, Cinnamon Carlane Hirokawa, Sarah Fox, Keith H. Hirokawa, Sarah Matsumoto, Anthony Moffa, Laura Mott, Jessica Owley, Gabriel Pacyniak, Melissa Powers, Paul Rink, Kristin Van De Biezenbos, Leehi Yona

Elisabeth Haub School of Law Faculty Publications

In 2004, visionary environmental leader Gus Speth's book Red Sky at Morning warned that “[a] global crisis has unfolded quickly ... but so far we seem unable to step from the path to disaster.” More than 20 years later, we have made great gains, but the fundamental transition Speth envisioned did not come to pass, and global environmental deterioration continues to intensify at an alarming pace. Approaching Speth's “red sky world” with “blue sky thinking,” members of the 2025 Environmental Law Collaborative explored new strategies for a more sustainable future. This latest in a biannual series of essays covers a …

Frontmatter, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Incentivizing Bidirectional Ev Charging Stations, Luke Warkall

Health Matrix: The Journal of Law-Medicine

California recently enacted a law that gives the California Energy Commission authority to require that Electric Vehicles (“EVs”) sold in California be capable of bidirectional charging. A bidirectional EV is capable of sending energy stored in the EV battery to a person’s home and to the grid. Bidirectional EVs are a novel step in the right direction in the global fight against climate change. They offer a substantial and mobile power source to communities recovering from natural disasters and can offset the demand for nonrenewable energy consumption by storing solar, wind and other renewable energy, then sending that energy back …

Right To Life, Right To Arms: Conservative States' Antithetical Approaches To Abortion And Gun Laws, Kristen Mehalko

Health Matrix: The Journal of Law-Medicine

Following Dobbs v. Jackson Women’s Health Organization and New York State Rifle & Pistol Association v. Bruen, twelve states enacted total abortion bans while simultaneously maintaining among the weakest gun safety laws in the nation. This Note explores the policy contradiction inherent in this approach: states invoking fetal life protection experience gun death rates substantially exceeding national averages, with firearms becoming the leading cause of death for children in these jurisdictions. The Note reveals how these states employ divergent strategies across two policy domains. Abortion restrictions receive vigorous enforcement through criminal statutes and private liability mechanisms, whereas gun regulations face …

Volume 36 Cover, Case Western Reserve University School Of Law

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Waking Up From The Resident Duty-Hour Nightmare, Olivia Jack

Health Matrix: The Journal of Law-Medicine

Lengthy, grueling hours have long been the tradition for physicians-in-training, but resident exhaustion is a threat to patient and resident safety in the United States. This Note outlines the historical development of resident duty-hour regulation and examines the political and professional forces that continue to shape the current system. It argues that the current accreditation-based approach, that nearly all states rely on, inadequately protects residents and patients. This Note proposes several legislative and regulatory solutions, but suggests that in this moment of history, states are uniquely positioned to fill the regulatory gap. Such solutions include mandatory automated duty-hour tracking, regular …

Trapped: How Asset Restrictions Impact Supplemental Security Income Eligibility And Impoverish Individuals With Disabilities, Jaclyne Berger

Health Matrix: The Journal of Law-Medicine

For almost forty years, Congress and the SSA have failed to update the asset limit for SSI eligibility despite the punitive nature of it toward individuals with disabilities who wish to attain financial security. This Note argues that this failure forces individuals with disabilities to choose between financial stability and the Medicaid coverage that they need, contributing to a vicious cycle of poverty. By exploring current eligibility requirements, legislative gaps, and inadequacies of current savings options for individuals with disabilities, this Note makes the case for updating the current requirements and increasing access and accountability of ABLE accounts. These changes …

It's Magic?: Ozempic, Addiction Treatment, And The Law, Amandeep S. Grewal

Health Matrix: The Journal of Law-Medicine

The world may finally have a cure for drug addiction: Ozempic. That drug, popularly used for weight loss treatment, has spawned miracles for many patients. Their cravings for alcohol, opioids, nicotine and other addictive substances have disappeared along with their waistlines. But the legal system might not be ready to handle Ozempic. Some laws and policies discourage medication-assisted addiction treatment, especially in drug court systems. Drug court participants often face pressure to achieve sobriety through Alcoholics Anonymous and other twelve-step programs, rather than with medical assistance. Legal scholars and harm reduction advocates probably go too far in the other direction. …

Abortion Bites Back: An Analysis Of Direct Democracy Efforts In A Post Dobbs-Era, Kathleen Darcy, Pamela Aronson, Lisa Martin, Sarah Chaban

Health Matrix: The Journal of Law-Medicine

The legal landscape surrounding reproductive rights is in flux, and direct democracy is a method by which increasingly informed and connected citizen voters are able to skirt perceived slowmoving or biased legislatures. Myriad factors shape state-level referendums, including social movements that intersect with gender ideology to challenge or defend existing arrangements. Yet, we know little about referendum rhetorical framing as tied to successes or failures in this pivotal post-Dobbs era. We use a content analysis to look at the rhetoric in state-level ballot proposals on reproductive freedom that were put in front of voters after the Dobbs decision (2022–2024). We …

Stop Preventing Prevention: Securing Minors' Access To Hiv Care, Sarah Steadman

Health Matrix: The Journal of Law-Medicine

A troubling state legislative trend is emerging, marked by regressive restrictions on minors’ sexual health care autonomy, which increases their risk of HIV infection. This trend aligns with the current political hostility towards access to reproductive health care, including minors’ access to contraceptives. Access to HIV preventive care may become collateral damage as politicized parental control legislation aims to roll back established norms that recognized the public health imperative of allowing minorsto independently consent to sexual health care, including HIV testing and treatment, thereby encouraging their uptake. This backsliding is occurring as rates of HIV infection among youth are unacceptably …

Evaluating Drug Use Through Examination Of Local Water Sources: Drug Concentrations Within Biota Systems, Madeleine Freyhof

Honors Projects

Understanding drug usage based on drug concentrations found within biota samples grown in different concentrations of cocaine and benzoylecgonine. Drug policy then can be potentially based on how drug concentrations display drug usage for a specific community.

Du Statut Juridique De L’Embryon Humain En Droit Libanais, Roula El-Husseini Begdache

Proche-Orient, Études juridiques

The legal status of the human embryo has not been specifically studied in Lebanon and is the subject of an uncertain regime resulting from scattered texts and very few court decisions. As the moment marking the beginning of human life remains debated, the recent issues relating to bioethics accompanying scientific advances, particularly in relation to reproductive medicine techniques and their corollaries, including surplus embryos, do not find clear-cut answers in Lebanese law. As scientific progress is at the heart of concerns relating to human life before birth, an abdication of legal experts in favour of doctors and ethics committees can …

Dignity For The Deceased: The Abolition Solution To The Laws Governing Unclaimed Body Donation, Lauren Bayerl

Cleveland State Law Review

This Note explores the dangers bubbling under the surface of body donation law across the United States. Specifically, this Note investigates the little-known contours of Ohio law that open the door for body donation practices that may bypass an individual’s consent. While data is slim on the real-world outcomes that such quirks in state law have produced, a recent news story out of Texas highlights the very real danger that the structure of these state body donation laws can produce. This Note first details the laws in place in Ohio that govern body donation, using one state’s laws as a …

The Retreat Of Federal Power And The Rise Of Post-Supremacy Federalism, Victoria Grace Litman

Cleveland State Law Review

This Article introduces the theory of post-supremacy federalism to describe a structural condition in which federal law remains formally binding, but enforcement has durably receded or collapsed. Unlike frameworks grounded in intergovernmental friction or negotiated cooperation, this account begins from federal retreat—the cumulative erosion of enforcement capacity across judicial, administrative, legislative, and executive institutions. Post-supremacy federalism arises when three conditions are met: (1) federal law remains intact; (2) enforcement retreats; and (3) no formal devolution occurs. In this vacuum, states are not merely filling gaps. They are governing by default—under laws that still bind but no longer structure governance in …

Addictive By Design: Can States Regulate Social Media Algorithms In The Face Of Free Speech Challenges?, Niamh Kathleen Keane

University of Miami Business Law Review

The foe we did not know, the stranger that stole the show. Social media once presented itself as a friendly way to connect with loved ones through shared pictures and catchy captions. Yet, it has since shown its true colors; intentionally addicting its users—for its own financial benefit—and showing no remorse doing so.

Entranced, users set off on a digital journey, veering down paths they never imagined . . . Today, children as young as eight years old are exposed to extremely harmful content such as medically unsupported dieting techniques, substance abuse, and dangerous, life-threatening social media “trends,” all of …

The Deregulation Of Cancer, Daniel G. Aaron

Texas A&M Law Review

Fifty years ago, the U.S. embarked on a radical new path. Under pressure from the environmental movement, Congress passed an array of statutes aimed at regulating carcinogens out of our world. This regulatory experiment sprawled from air and water to food and consumer products.

Legal scholars have paid scant attention to this wave of cancer regulation despite its size and importance and the public’s apparent interest in avoiding carcinogens. But there is a growing literature finding flaws with individual regimes within the framework, such as the Clean Air Act, the Toxic Substances Control Act, and the Tobacco Control Act. In …

Nursing Migration And The Global Workforce: How The U.S. Nurse Shortage Impacts Developing Countries, Mololuwa Faithful Lasekan

Honors Thesis

As United States (U.S.) healthcare organizations face persistent staffing gaps driven by an aging population, burnout, and limited educational capacity, many institutions increasingly rely on internationally educated nurses (IENs) to stabilize their workforce. This reliance intersects with longstanding structural challenges in low- and middle-income countries (LMICs), where inadequate compensation and limited professional opportunities contribute to high migration intentions among nurses. Using a systematic literature review guided by PRISMA principles, this study synthesized evidence and five major themes emerged: (1) push factors driving nurse emigration from LMICs, (2) pull factors attracting nurses to the U.S., (3) digital globalization and post-COVID recruitment …

Patients As Stakeholders, Isaac D. Buck

William & Mary Law Review

Once a provider of public support and charity, the American hospital is now a source of dividends for private actors. Profit interests have encroached on, and increasingly replaced, the publicly minded heroism of the American hospital, the central hub of a complex and disordered health care system. This new profit-first posture creates ill effects for the people who rely on health care delivery: those who work within it, those who are treated within it, and those who pay for it. When hospitals need to deliver for their corporate shareholders, legitimate questions arise about how much they are delivering for patients …

Drug War Repair Guarantees, Amber Baylor

Washington and Lee Law Review

Drug legalization, especially cannabis legalization, is a critical step forward in states’ willingness to address systemic disparities, privacy intrusions, violence, and other harms of the drug war. Yet, reforms center on legalization and repair through a narrow lens, focused on changes to the penal code. The public has found that narrow forms of legalization cannot serve their purported reparative purpose. Narrowly drawn legalization is illusory. Drug war harms and punishment for legalized substance use continue. Legalization reforms are vulnerable to political trends, resulting in rollback and retrenchment of drug war operations.

Legalization cannot deliver on its reparative terms without guarantees. …

Argument For Statewide Vaccine Mandates—An Ethical And Legal Analysis, Liv Hymowitz

Colorado Law Student Scholars

No abstract provided.

Medicaid’S Broken Promise To Children, Jerron R. Wheeler

Washington and Lee Law Review

In the United States, poor children’s access to necessary healthcare is determined more by geography than medical need. This variation is not the result of thoughtful local tailoring but of excessive state autonomy and passive federal oversight. The result is a fragmented and unequal system that obscures accountability and fails the Nation’s most vulnerable children.

Building on scholarship showing how decentralized implementation of federal social programs can erode America’s social safety net, this Article examines how one of Congress’s most ambitious entitlements for children—Medicaid’s Early and Periodic Screening, Diagnostic and Treatment (EPSDT) benefit has been quietly undermined. In light of …

Long Covid, Silent Suffering, And Work, Joseph A. Seiner

Washington and Lee Law Review

Though most recover from COVID quickly, countless others remain chronically ill. Five years after the start of the pandemic, Long COVID continues to harm the economy, forcing thousands from employment at a time when businesses are struggling to find workers. With over thirty million individuals in the United States having contracted Long COVID, the illness cannot be dismissed as merely malingering or psychosomatic in nature.

With no diagnostic test for identifying Long COVID, skepticism about the illness persists. Many are scared to acknowledge their affliction with the disease and fear being stigmatized. Those who suffer silently struggle to perform their …

Against A Medical Exception To Equal Protection, Govind Persad

Washington and Lee Law Review

Government regulations of medicine sometimes treat patients differently based on their race or sex. Does heightened scrutiny apply to such regulations—as is usual when law treats someone differently based on a protected characteristic? Or is there a medical exception to equal protection?

Recently, in United States v. Skrmetti, the Supreme Court upheld a law that restricted access to medical treatments for transgender minors. Though its holding did not rely on medical exceptionalism, its discussion reinvigorated interest in a “medical exception” to equal protection: that medical decisions are exempt from the searching review applied when governmental decisions consider protected characteristics.

For …