Health Law and Policy Commons^™

The Weight Of Stigma, Rebekah A. King, Michael S. Sinha

Cardozo Journal of Equal Rights & Social Justice

Many health care providers, both implicitly and explicitly, perpetuate stigma in their treatment of patients classified as obese. While medical professionals understand that a one-size-fits-all approach to treatment is ineffective, patients classified as obese are frequently offered limited treatment options that fail to account for their unique needs. Access to a range of effective treatment options has historically been limited, but new GLP-1 receptor agonist medicines like Wegovy (semaglutide) and Zepbound (tirzepatide), have shown incredible promise in addressing the obesity crisis. Unfortunately, these transformative drugs are costly, in high demand, and not widely covered by insurance, rendering them inaccessible for …

Bridging The Rural Telehealth Divide, Deborah Farringer

Law Faculty Scholarship

This article examines the historical development, regulatory landscape, and post-pandemic future of telehealth in the United States, with a particular focus on its original purpose: improving access to care for rural populations. Although Congress first authorized Medicare reimbursement for telehealth in 1997 to alleviate rural health disparities, federal and state regulatory frameworks—especially restrictions on originating sites, licensure rules, and HIPAA-driven technology requirements—significantly limited adoption for more than two decades. The COVID-19 public health emergency triggered sweeping temporary waivers that removed geographic limitations, permitted the use of common communication technologies, liberalized supervision and prescribing rules, and allowed audio-only encounters. These changes …

Seeing Is Believing: Identifying The “Ideal Manifestation Of Hidden Disability” In Ontario’S And Quebec’S Social Benefits Tribunals, Pascale Malenfant

Dalhousie Law Journal

The phenomenon of disability skepticism, especially in relation to “hidden” disabilities like chronic fatigue syndrome (CFS), has fostered a culture of doubt among medical, legal, and public entities. This paper explores the intersection of such skepticism with the social benefits adjudication processes in Ontario and Quebec. In drawing parallels to feminist critiques of the “ideal victim” in sexual assault cases, it argues that the tribunals’ biased framework for believability is based on a claimant’s conformity to stereotypical expectations of what an “ideal” claimant with a hidden disability looks like. By comparatively examining 10 years worth of Ontario and Quebec tribunal …

Venturing Into Health, Rachel E. Sachs

Fordham Law Review

In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and health …

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

Whose Burden, Whose Benefit? Revisiting Ethical Trade-Offs In The Who Guidelines On Scaling Up Mass Azithromycin Administration, Maple Goh, A. M. Viens, Safura Abdool Karim, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

Author summary

• New evidence suggests that mass drug administration of azithromycin (MDAA) can significantly reduce childhood mortality in high-burden, low-resource settings, yet the World Health Organization’s (WHO) 2020 guidelines take a cautious approach due to concerns about antimicrobial resistance (AMR).
• While the WHO guidelines cite ethical principles, they insufficiently address key considerations, such as intergenerational justice, equitable burden sharing, and the structural determinants of health that shape infectious disease vulnerability.
• Global AMR policy often prioritizes conservation over access in ways that disproportionately burden low-income countries, despite high-income countries also bearing significant responsibility for the emergence and spread of AMR.
• A …

Unvaccinated By Doubt: How Covid-19 Governance Sparked A Measles Outbreak, Ellen Black

Law Faculty Scholarship

This Article examines how the erosion of public trust in government and public health institutions during the COVID-19 pandemic has contributed to the resurgence of measles in the United States. It argues that pandemic-era governance—marked by inconsistent scientific messaging, politically charged public health mandates, and the federal government’s coordination with social media platforms to suppress dissenting viewpoints—generated widespread skepticism that continues to undermine vaccination uptake. Through a detailed analysis of lockdown policies, vaccine and mask mandates, and the subsequent revelations regarding governmental influence over online content moderation, the Article demonstrates how conflicting guidance and perceived censorship fostered long-lasting public doubt. …

The Ethics Of Industry-Funded Speakers’ Bureaus—How They Disseminate Innovation And Could Corrupt Medicine, Jennifer E. Miller, Christopher Robertson

Faculty Scholarship

It is often said that a business without marketing is dead. But when a medical product is marketed irresponsibly, it is patients who may pay with their lives. In this context, Wieberdink et al¹ examine participation in industry-sponsored speakers’ bureaus by academic clinical faculty, conceptualizing the practice as a form of conflicted and irresponsible pharmaceutical marketing. Reviewing 129 US allopathic medical school conflict-of-interest (COI) policies, they found that less than 40% prohibit industry speakers’ bureau participation outright, while 19% impose conditional restrictions, such as requiring that faculty retain control over presentation content. Wieberdink et al¹ advocate for a …

Wine Unwelcome: The Constitutional Contours Of Wine Regulation, Alexander Fallone

Brooklyn Journal of Corporate, Financial & Commercial Law

Wine retail shops face a dizzying labyrinth of state laws that severely restrict their ability to ship wine to out-of-state consumers. While the dormant Commerce Clause would normally strike down laws that impose restrictions on interstate commerce, wine (and alcoholic beverages) must contend with Section Two of the Twenty-first Amendment, which gives the states control over the importation and distribution of wine intending to be consumed within their borders. Court of Appeals cases interpreting Supreme Court precedent on the tension between the dormant Commerce Clause and Section Two have practically stripped the dormant Commerce Clause of any power. This Note …

Dentistry Likely To Be Affected By Developments Of A Legal Nature, Lance Plunkett Jd, Llm

The New York State Dental Journal

A few new legal developments that affect dentistry have taken place in recent months. Prominent among these is a Big Beautiful Bill that may not be so pretty for New York State.

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: 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 …

Stakeholder Views On Lessons Learned For The Antimicrobial Resistance Panel From Previous International Science Panels [Version 1], Iruka N. Okeke, Ayodele A. Akinyele, Javier Guzman, Kevin Outterson

Faculty Scholarship

The United Nations General Assembly called in September 2024 for the establishment of an independent panel for actionable evidence against antimicrobial resistance (IPEA). The task of designing the panel was given to the Quadripartite Joint Secretariat (QJS) on Antimicrobial Resistance (AMR) with a delivery timeline of 15 months. To promote stakeholder thought and input around what this panel should look like and how it should work, which could feed into the QJS’s consultation process, we independently commissioned seven papers to examine lessons that could be learned from other high-level scientific panels. We then called a convening of stakeholders that were …

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.

J Mich Dent Assoc September 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 September issue marks the return to a hybrid publishing schedule, with print issues published bimonthly in January, March, May, July, September, and November, and online-only digital issues in February, April, June, August, October, and December. This return to print follows a suspension in May due to association-wide financial issues, with the MDA Board of Trustees approving changes in the 2025 budget to …

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 …

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 …

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.

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 …

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 …

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 …

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 …