Health Law and Policy Commons^™

Dean’S Report: U-M School Of Dentistry - Celebrating A 150-Year Tradition Of Excellence — And Planning For The Future

The Journal of the Michigan Dental Association

This report commemorates the 150th anniversary of the University of Michigan School of Dentistry, founded in 1875 largely due to the lobbying efforts of the Michigan Dental Association (MDA). It details the leadership of its first dean, Dr. Jonathan Taft, who established high professional standards that shaped the institution's commitment to excellence. The school boasts over 12,000 DDS graduates and 3,460 dental hygiene graduates, emphasizing its continuous role in advancing dentistry through innovation, research, and patient care, from early textbook development to modern digital tools like CBCTs and CAD-CAM technology. The incoming DDS Class of 2029 marks a milestone with …

Queer And Present Danger: Reconceiving Arkansas’S Artificial Insemination Laws To Protect Lgbtq Families, Chacey Schoeppel Wilcox

University of Arkansas at Little Rock Law Review

No abstract provided.

The New Professional: What New And Associate Dentists Need To Know About Ai, Amrita Patel Dds

The Journal of the Michigan Dental Association

This article outlines the growing importance of artificial intelligence (AI) in dentistry, particularly for newer professionals. AI's applications span radiographic analysis (identifying pathologies, enhancing diagnostic precision), treatment planning (simulating outcomes, designing aligners), and streamlining administrative tasks (voice recognition for notes, optimized scheduling). The author emphasizes that AI should be viewed as an augmentative tool to human capabilities, not a replacement for clinical judgment, especially in complex cases. It also highlights the critical considerations of data privacy (HIPAA compliance) and the enduring value of the relationship-driven nature of dentistry. Ultimately, the most successful dentists will be those who combine emerging technologies …

Dean’S Report: Detroit Mercy Dental - Dental Schools — Safeguarding The Future Of Oral Health, Mert N. Aksu Dds, Jd, Mhsa, Cert. Dph

The Journal of the Michigan Dental Association

This report from the University of Detroit Mercy School of Dentistry highlights its mission to prepare students as clinicians, leaders, and advocates for public health and equitable access to care, emphasizing evidence-based practices and community service. It addresses critical public health measures like community water fluoridation and HPV vaccination, advocating for policies that protect oral health. The report notes concerns over proposed Michigan Medicaid dental program changes that could burden dental schools with increased uncompensated and emergency care. Initiatives to meet workforce needs include the new Detroit Mercy Dental Vermont Track and community-based education programs, which provided care to over …

Mitigating Firearm Suicide With Trusted Messengers In Health Care, Michael Ulrich, Cassandra Devaney

Faculty Scholarship

Voluntary firearm safety actions avoid Second Amendment scrutiny, but rely on individuals recognizing their own risks. This could be aided by a network of healthcare professionals that have received proper training and information about all available tools to help prevent firearm-related suicide attempts, and combining the trust of clinicians and firearm owners could represent an opportunity to inform and educate in a manner that will engage patients.

August 19, 2025 — Coalition Letter - Reauthorization Of The Health Resources And Services Administration (Hrsa) Title Vii Health Professions And Title Viii Nursing Workforce Development Programs, American Dental Association

Advocacy in Action letters

No abstract provided.

Bad, Bad Medicine—When A State’S Healthcare Infrastructure Violates The Integration Mandate Of The Americans With Disabilities Act, Anna Ylitalo

Chicago-Kent Law Review

No abstract provided.

Innovate Responsibly: Post-Grant Mechanisms To Deter Unnecessarily Toxic Pharmaceutical Patents, Brianna De Frank

Chicago-Kent Law Review

No abstract provided.

Dissecting The Heterogeneous Effects Of Opioid Prescribing Limit Laws On Pediatric Mortality: A Multidimensional And Negative Binomial Modeling Approach, Francine R. Vega

Dissertations and Theses (Open Access)

Opioid prescribing for children and adolescents continues to be a significant health crisis in the United States. Early naïve exposure to opioid prescriptions has been linked to later misuse, opioid use disorder, and death. In response to the crisis, many states have implemented opioid prescribing limit laws (OPLLs) aimed at reducing exposure to opioids. These laws vary widely in their approach, including differences in dosage restrictions, prescription duration limits, informed consent requirements, educational provisions, and whether they offer explicit protections specifically for minors. Despite their widespread adoption, there is limited understanding of how heterogeneity in legal regulations affects outcomes for …

What The ‘One Big Beautiful Bill’ Means For Dentists, John Looby Cpa, Theodore C. Schumann Ii Mba, Msf, Cfp, Aif

The Journal of the Michigan Dental Association

Executive Summary: The One Big Beautiful Bill (OBBB), signed July 4, 2025, significantly impacts dentists by extending and making permanent many 2017 tax policies. Key tax changes include permanent tax rates, an increased state and local income tax (SALT) cap, and new deductions for seniors, qualified tips, overtime wages, charitable donations, and auto loan interest. The qualified business income deduction is now permanent, and first-year bonus depreciation is restored. New "Trump Accounts" are established for children. Crucially, the OBBB introduces $50,000 annual and $200,000 lifetime caps on professional degree student loans, effective July 2026, and establishes the Repayment Assistance Plan …

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 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 …

Dentistry And The Law: Length Of Covenants Not To Compete, Dan Schulte Jd

The Journal of the Michigan Dental Association

This article clarifies the distinct legal standards for covenants not to compete in Michigan, particularly relevant for dentists selling their practice and remaining employed. A covenant in an employment agreement is enforceable if "reasonable," typically limited to two to three years and the employer's patient draw area. In contrast, a covenant within a purchase agreement, considered a commercial contract, is judged under a more lenient "rule of reason" standard. This standard is easier to satisfy, requiring only that the covenant does not adversely impact the relevant market. Consequently, purchasers often use the purchase agreement to impose harsher, longer-term restrictive covenants.

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 …

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 …

Water Fluoridation: A Personal Perspective On The Effectiveness Of Community Water Fluoridation, William Chase Dds, Maom

The Journal of the Michigan Dental Association

This article offers Dr. William R. Chase's personal insights into community water fluoridation, emphasizing its effectiveness in preventing dental caries. It traces the discovery of fluoride's benefits back to Frederick McKay's 1901 observations and highlights the pivotal 1945 Grand Rapids Study, which demonstrated significant caries reduction, especially in younger age groups. Despite long-standing support from the American Dental Association, controversies regarding fluoride's safety persist, leading to recent state-level bans. Dr. Chase's experiences in countries without fluoridated water, where he observed severe decay and life-threatening cellulitis, underscore his belief in fluoride as a "miracle supplement" when properly utilized. The Michigan Dental …

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Volume 48 Masthead

Seattle University Law Review

Volume 48 Masthead

Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay

Seattle University Law Review

In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …

The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker

Seattle University Law Review

Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …

A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood

Seattle University Law Review

Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …

The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun

Seattle University Law Review

This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …

The U.S. Drug Policy Hamster Wheel: A Critical Discourse Analysis Of Seattle’S New Drug Ordinance, Hallie Conyers-Tucker

Seattle University Law Review

The author critically examines Seattle’s new drug ordinance using Critical Discourse Analysis (CDA) to reveal how legislative language influences the policy's actual effect. Although the ordinance claims to prioritize diversion and community health, the use of permissive language such as “may” and “shall” grants broad discretionary power to law enforcement and undermines the stated intent. The author situates the ordinance within a broader historical context, highlighting how drug policy in the United States has consistently been shaped by racialized and stigmatizing narratives. Additionally, the author argues that meaningful reform requires reframing the discourse around substance use to support public health …

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

For The Greater Good: Civil Commitment For Addiction Amid The Overdose Epidemic, Steven P. Meerschaert

Cleveland State Law Review

America is facing a reckoning born of its own duality. Our society is gradually embracing an increasingly permissive stance on recreational drug use, while at the same time we lament the human costs of addiction. What the media has dubbed the “opioid epidemic” has seen increases in drug addiction diagnoses and opioid-involved overdose deaths nearly every year since 1999. In a rush to designate guilty parties and to crown a “gold standard” for treatment options, we have focused on theoretically flawed approaches that fail to follow the science precisely. At the same time, we dismiss validated treatment modalities in their …

Another Step In The Anti-Abortion Agenda, Aziza Ahmed

Shorter Faculty Works

Trump’s recently passed “One Big, Beautiful Bill” bars Medicaid reimbursements to Planned Parenthood for one year – a provision now temporarily blocked after Planned Parenthood filed suit. But the measure builds on, and must be read against, the backdrop of Medina v. Planned Parenthood, a recent and disastrous Supreme Court ruling initiated by South Carolina and now poised to inspire copycat efforts in other states. The case starkly illustrates the Court’s continued alignment with an anti-abortion agenda advanced through state governments. As Justice Jackson forcefully argued, the decision forms part of a broader assault on civil rights – and …