Health Law and Policy Commons^™

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 …

Regulatory Compliance Solutions That Save You Money, Reva Darling

The Journal of the Michigan Dental Association

This article outlines essential MDA-endorsed services that assist dental practices in maintaining regulatory compliance. It focuses on solutions for HIPAA, OSHA, and OIG requirements provided by Eagle Associates and highlights the importance of cyber liability insurance through Coalition. The document also features iCoreExchange for secure, encrypted email and iCoreRx for manual-error-reducing e-prescribing. By utilizing these trusted partners, MDA members can save significant time and money while ensuring their practices meet federal and state standards for patient privacy and workplace safety.

J Mich Dent Assoc April 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 April 2026 (Volume 108, No. 4) issue of the Journal is published in digital format to provide updates and insights for Michigan's oral health community and MDA members. Print editions occur every other month beginning with January.

This full issue provides a comprehensive overview of the Michigan dental landscape in 2026. Key features include a clinical …

Government & Insurance Update: Mda Advocacy Successes, James Budd Mpp

The Journal of the Michigan Dental Association

This document summarizes the recent legislative achievements of the Michigan Dental Association’s advocacy team. Key highlights include the House passage of bills regulating dental specialty advertising to ensure transparency for patients and the elimination of the inactive Dental Specialty Task Force. The update also promotes the MDA’s legislative text alert system and online tools designed to help member dentists engage with lawmakers on "hot-button" issues. By staying informed through these platforms, Michigan dentists can support the MDA’s mission to improve practice conditions and access to care across the state.

News You Need: Annual Session, Board Updates, And Regulatory News, David Foe

The Journal of the Michigan Dental Association

This comprehensive news section provides essential updates for Michigan dentists, including details on the 2026 Annual Session highlights and the launch of the "HERM-E" AI member assistant. It features critical regulatory reminders concerning mandated reporting for child abuse and neglect. The document also covers oral cancer prevention, dental therapy scholarship updates, and the appointment of new members to the Michigan Board of Dentistry. Additionally, it lists upcoming House of Delegates meetings and resources for donated treatment, ensuring members are informed on professional responsibilities.

Birthdate Phaseout To A Nicotine Free Generation, Katharine Silbaugh

University of Richmond Law Review

This Article explores the Nicotine Free Generation (“NFG”) policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of its users and imposing $600 billion in social costs each year. We see two basic choices for regulating sales: prohibition or a legal age-gate, such as twenty-one, for retail sales. NFG charts a third way. Recognizing the dire harm of tobacco and the serious consequences of abrupt prohibition, NFG lays the groundwork for a gradual transition to a sales sunset. In place of the twenty-one …

Dental Offices Subject To New Legal Mandates, Lance Plunkett Jd, Llm

The New York State Dental Journal

Several new workplace laws, applicable to dental practices, have been enacted, as New York continues its aggressive push in the employment law arena.

Probing The Prevalence Of Pharmaceutical Corruption, Marc A. Rodwin

Suffolk University Law School Faculty Works

This article reviews the history and current evidence of systematic pharmaceutical industry corruption.  It draws on studies by the OECD on international corruption; reports of the Securities and Exchange Commission; studies of the Public Citizen health Research Group of settlement agreements between federal and state authorities and pharmaceutical firm; the history of the Medicare and Medicaid Anti-Kickback Act; professional and industry codes of ethics; the literature on institutional corruption; and studies of conflicts of interest.  These sources support findings of systemic corruption since the mid-20th century. The paper also explores the relationship between classic corruption, institutional corruption and conflicts of …

Birthdate Phaseout To A Nicotine Free Generation, Katharine B. Silbaugh

Faculty Scholarship

This Article explores the Nicotine Free Generation ("NFG") policy, an emerging endgame strategy for tobacco products that employs a completely novel legal design. Tobacco remains the leading cause of preventable death, killing almost half of its users and imposing $600 billion in social costs each year. We see two basic choices for regulating sales: prohibition or a legal age-gate, such as twenty-one, for retail sales. NFG charts a third way. Recognizing the dire harm of tobacco and the serious consequences of abrupt prohibition, NFG lays the groundwork for a gradual transition to a sales sunset. In place of the twenty-one …

A New Standard: Default Inclusion Of Children In Clinical Trials, Megyn Gordon

Colorado Law Student Scholars

No abstract provided.

Yes, Dentists (And The Mda) Are Subject To Antitrust Law, Daniel Schulte Jd

The Journal of the Michigan Dental Association

MDA Legal Counsel Dan Schulte provides a critical overview of how antitrust laws apply to individual dentists and professional associations. The article defines illegal activities such as price-fixing, group boycotts, and market allocation, explaining that even informal agreements among competitors can trigger prosecution by the FTC or DOJ. Schulte advises dentists to avoid discussing fees or participation in dental plans with peers at meetings. The document distinguishes between "per se" violations and the "rule of reason" analysis, emphasizing that transparency and independent business decisions are essential to avoid severe legal penalties.

The American Asthma Patient, Ana Santos Rutschman

Faculty Publications

On average, one in twelve people in America have asthma, and ten patients die from asthma every day. A largely manageable disease, asthma nonetheless takes a tremendous toll on patients in the United States.

For almost two decades, these patients have seen the cost of asthma medication rise exponentially, even though some of the most commonly prescribed treatments have existed since the mid-twentieth century. Today, one in six asthma patients reports skipping, delaying or foregoing treatment for financial reasons.

This article presents a case study on a specific product—asthma inhalers—as a lens through which to examine the origins of the …

Preempting Pre-Approval: Clarifying Preemption Doctrine For Product-Liability Suits Against Brand-Name Drug Manufacturers, Nicholas G. Wallenburg

Vanderbilt Law Review

One of the most important issues for product-liability lawsuits against drug manufacturers today is federal preemption. Plaintiffs injured by prescription drugs regularly turn to state tort law for a remedy. Defendants in these cases—often brand-name drug manufacturers—frequently invoke preemption doctrine to argue that the Food and Drug Administration’s (“FDA”) rigorous approval process for prescription drugs has displaced state causes of action. While the text of the Food, Drug, and Cosmetics Act does not clearly address this issue, the U.S. Supreme Court has relied on a so-called “impossibility” theory of preemption: When a drug manufacturer cannot comply with the duties imposed …

Trust, Transparency, And The Fragile Promise Of Data Governance In The Era Of Modernization, Fallon Julia Cochlin, Regen Weber-Fares, Jami Crespo, William M. Sage, Cason Daniel Schmit

Faculty Scholarship

Public health data modernization in the United States has accelerated since COVID-19 exposed systemic weaknesses in fragmented data infrastructure and governance. Technical solutions have advanced, but legal and relational barriers still complicate data sharing across jurisdictions. Traditionally, interjurisdictional data sharing has relied on individually negotiated Data Use Agreements (DUAs), a process that is both resource-heavy and often opaque. To address this, the Centers for Disease Control and Prevention have proposed a Core DUA to standardize terms and reduce administrative burden. However, its success depends on trust — a fragile foundation increasingly strained by politicization, perceived lack of transparency, and controversial …

Medical-Legal Partnership As Value-Based Primary Care: Interprofessional Teamwork For Health-Related Social Needs, Jin K. Park, Andrew F. Beck, Keegan D. Warren, William M. Sage

Faculty Scholarship

Today’s primary care physicians are being asked to address patients’ health-related social needs (HRSN) as part of their routine care practices. An aging population, with a growing complement of intersecting medical and social needs, increases this burden on primary care. Medical-legal partnerships (MLP) are interprofessional collaborations that combine clinical and legal expertise to address HRSN involving housing, public benefits, employment, and other domains remediable by civil legal assistance. A value-based approach to integrating MLP into the health system may help primary care practices more effectively address HRSN and, in turn, better balance revenue and expenses. At the practice and healthcare …

Lessons Learned From Global Responses To Criminal Abortion Laws, Cynthia Soohoo

Fordham Law Review Online

No abstract provided.

Asking Hospitals To Do Their Share, Kimberly Mutcherson

Fordham Law Review Online

No abstract provided.

Law's Limits: Abortion And The Social Determinants Of Health, Maya Manian

Fordham Law Review Online

No abstract provided.

Abortion, Power And The Future Of Healthcare, Elizabeth Kukura

Fordham Law Review Online

No abstract provided.

Continued Resistance And Resilience After Dobbs, David S. Cohen, Carole Joffe

Fordham Law Review Online

No abstract provided.

Highlighting The Wins: How Movement Resilience Is Making A Difference Post-Dobbs, Greer Donley, Rachel Rebouché

Fordham Law Review Online

No abstract provided.

Access To Justice After Medina V Planned Parenthood South Atlantic, Daniel G. Aaron, Nicole Huberfeld

Faculty Scholarship

Access to justice is “the ability of all people to seek and obtain effective remedies through accessible, affordable, … and culturally competent institutions of justice.”¹ Historically, patients and physicians have worked together to protect the integrity of medical care as well as patients’ rights by challenging unlawful government actions in court. Yet the US Supreme Court recently issued decisions that may impede access to justice, potentially empowering federal, state, and local governments to interfere with evidence-based care. We explore constraints on access to justice that may arise after Medina v Planned Parenthood South Atlantic (PPSA) (606 US 357, 2025), …

Bodies At Risk When Choice Is A Privilege: Women’S Reproductive Healthcare Accessibility And Health Outcomes Since The Dobbs (2022) Ruling, Dallas Bonnet

Undergraduate Theses

Existing literature has well-documented the disproportionate effects of abortion restrictions upon socioeconomically disadvantaged women and women of color. This thesis builds on that work by exploring the relationship between state-level abortion restrictions and women’s self-reported health, as well as state-level infant mortality rates and maternal mortality rates. This project breaks these relationships down into three separate studies: Study 1 investigates the effect that abortion restrictions have on women’s self perceptions of health. Study 2 assesses the impact of abortion restrictions on infant mortality rates. Study 3 inspects the impact of abortion restrictions on maternal mortality rates. The primary independent variable …

Ayahuasca And Religious Freedom, Andrew C. Michaels

Pepperdine Law Review

Ayahuasca is an ancient and powerful psychedelic brew that has been used for many centuries in the Amazon rainforest, and over past decades has been gaining popularity in western countries such as the United States. The ayahuasca brew contains dimethyltryptamine (DMT) and accordingly is banned by the Controlled Substances Act (CSA). But some groups working with ayahuasca have applied for exemptions under the Religious Freedom Restoration Act (RFRA), and so far, at least five such groups have received exemptions, either via court decision or via agreement with the Drug Enforcement Administration (DEA). However, the factors that courts and the DEA …

Unveiling The Patent Landscape Of Biologic Drugs, Michael D. Frakes, Melissa F. Wasserman

Northwestern University Law Review

It is undeniable that the escalating price of biopharmaceuticals is a critical issue, as high prices limit patients’ access to life-saving medications and strain our healthcare system. Biologics, or large-molecule drugs, which are revolutionizing modern healthcare, are significantly contributing to the escalating cost of prescription drugs. While biologic drugs represent only 2% of all U.S. prescriptions, they comprise close to 50% of net drug spending.

Policymakers have proposed a series of interventions to decrease drug prices that target the patent practices of pharmaceutical firms. Yet due to differences in law, we have a robust source of patenting information for small-molecule …

Boots On The Ground, Toxins In The Water: A Look Into The Present State Of Camp Lejeune Water Contamination, Kaitlyn N. Helt

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Federal Appeals Court Rules West Virginia Medicaid Coverage Exclusion Of ‘Sex-Change’ Surgery Is Legal, Arthur S. Leonard

Other Publications

No abstract provided.

Perspectives On Choice Of Law Challenges In Multistate Precision Medicine Research, Laura M. Beskow, Catherine Hammack-Aviran, James W. Hazel, Leslie E. Wolf

Law Faculty Scholarship

This empirical legal study investigates challenges related to determining applicable law in multistate precision medicine research. Through interviews with experts in law, research ethics, and human subjects protections, the authors examine how differences in state laws governing research, genetic privacy, and data protection may affect participant rights and research practices. Interviewees reported varying levels of awareness regarding state law variation and expressed differing views on its significance. The findings suggest that uncertainty surrounding applicable legal frameworks can complicate research design, informed consent processes, and institutional oversight. The study calls for further legal and policy analysis to address these challenges and …

Factors For Patient Trust And Acceptance Of Medical Artificial Intelligence, Ana Bracic, Kayte Spector-Bagdady, Sophie Towle, Rina Zhang, Cornelius A. James, Nicholson W. Price Ii

Articles

Artificial intelligence (AI) is increasingly used in clinical care, but widespread adoption requires patient trust. Trust may be enhanced through systemic governance mechanisms or frontline clinicians providing a human in the loop for AI oversight. However, it is unclear how different approaches specifically influence patient trust in the use of medical AI. The objective is to determine the extent to which patient trust in and choice of medical scenarios involving AI are associated with governance mechanisms, clinician presence, performance, and data quality.

Religious Riders And The Sherman Act, Bailey Sanders

Michigan Law Review

Can corporations engage in anticompetitive behavior on the basis of religious belief? While the answer may seem like an obvious no, in fact this question has largely been overlooked. It has hovered at the margins of the debate over religious exemptions: Proponents of religious exemptions have essentially argued that there is no harm in providing such exemptions to businesses because a competitive market will ensure consumers who might be denied services or goods by a religious firm can still obtain those goods and services elsewhere. But what if religiously minded businesses act in ways that are specifically designed to limit …