Health Law and Policy Commons^™

Meat, The Future: The Role Of Regulators In The Lab-Grown Revolution, Joseph B. Davault, Michael S. Sinha

All Faculty Scholarship

The United States is one of the largest consumers of meat globally. The production of meat contributes substantially to climate change due to the levels of greenhouse gasses emitted and the amount of land, water, feed, and other natural resources required to raise animals used for meat. Traditional meat production is another major source for the emergence of zoonotic diseases and antimicrobial-resistant pathogens. Nevertheless, Americans consume more meat now than at any time in the nation’s history.

Advocates for policy change aimed at addressing the risks associated with meat production have typically focused on reducing meat consumption, alternatives to meat, …

Labeling Energy Drinks: Tackling A Monster Of A Problem, Meredith P. Mulhern, Michael S. Sinha

All Faculty Scholarship

Energy drinks first rose to popularity in the 1980s. Red Bull energy drinks were the first of its kind, opening the door to a new consumer and regulatory landscape. Since Red Bull first launched, multiple companies have released countless new energy drink products. Some energy drinks, like Red Bull, contain less than 100 mg of caffeine per 8 oz can. However, other energy drinks contain much higher amounts of caffeine. A 12 oz can of Celsius contains 200 mg of caffeine, and up until recently, Celsius offered a product called Celsius Heat, a 12 oz can containing 300 mg of …

The Initial Response Of Biodiversity Conventions To The Covid-19 Pandemic, Royal C. Gardner, Lauren Beames, Katherine Pratt

William & Mary Environmental Law and Policy Review

The COVID-19 pandemic disrupted the operations of global biodiversity conventions, requiring virtual meetings in place of in-person events. Yet the pandemic also highlighted the importance of biodiversity conservation as a mechanism to reduce the risk of zoonotic diseases, as the October 2020 report issued by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (“IPBES”) emphasized. Now that in-person, international meetings have resumed, this Article examines the extent to which four biodiversity conventions—the Agreement on the Conservation of African-Eurasian Migratory Waterbirds, the Ramsar Convention, the Convention on International Trade in Endangered Species, and the Convention on Biological Diversity—considered the nexus …

Toward Accessing Hiv-Preventative Medication In Prisons, Scott Shimizu

Northwestern University Law Review

The Eighth Amendment is meant to protect incarcerated individuals against harm from the state, including state inaction in the face of a known risk of harm. While the Eighth Amendment’s protection prohibits certain prison disciplinary measures and conditions of confinement, the constitutional ambit should arguably encompass protection from the serious risk of harm of sexual assault, as well as a corollary to sexual violence: the likelihood of contracting a deadly sexually transmitted infection like HIV. Yet Eighth Amendment scholars frequently question the degree to which the constitutional provision actually protects incarcerated individuals.

This Note draws on previous scholarship on cruel …

Shots Fired, Shots Refused: Scientific, Ethical & Legal Challenges Surrounding The U.S. Military's Covid-19 Vaccine Mandate, Shawn Mckelvy, L. William Uhl, Armand Balboni

St. Mary's Law Journal

The COVID-19 pandemic provided uncertain and challenging circumstances under which to lead a nation and the military that protects it. Those in charge and in command faced unique challenges—scientific, ethical, and legal—at our various levels of government to both keep people safe while keeping government and society functioning. While there were many successes to celebrate, there are also many criticisms for how this “whole-of-government approach” may have degraded some of our most cherished liberties along the way. The authors focus on the U.S. military’s vaccine mandate and propose military leaders may have failed to fully consider the evolving science, weigh …

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

When Governors Prioritize Individual Freedom Over Public Health: Tort Liability For Government Failures, Barbara Pfeffer Billauer Jd, Ma, Phd

Journal of Law and Health

Over half the states have enacted laws diminishing or curtailing the rights of the executive branch (legislatures or governors) to enact laws to preserve, protect, or safeguard public health in the wake of the COVID-19 emergency. Governor DeSantis, of Florida, for example, effectively banned mask mandates in schools during the high point of the epidemic – based on flawed science and erroneous data – and now wants to make that response permanent. The rules effectuating this Executive Order were enacted under an emergency order finding a threat to public health. Nevertheless, the response promulgated by the Florida Department of Health …

The Ninth Amendment: An Underutilized Protection For Reproductive Choice, Layne Huff

Journal of Law and Health

Concern about individual rights and the desire to protect them has been part of our nation since its founding, and continues to be so today. The Ninth Amendment was created to assuage the Framers’ concerns that enumerating some rights in the Bill of Rights would leave unenumerated rights unrecognized and unprotected, affirming that those rights are not disparaged or denied by their lack of textual support. The Ninth Amendment has appeared infrequently in our jurisprudence, and Courts initially construed it rather narrowly. But starting in the 1960s, the Ninth Amendment emerged as a powerful tool not just for recognizing unanticipated …

How Bodily Autonomy Can Fail Against Vaccination Mandates; The Few Vs. The Many, Jason Yadhram

Journal of Law and Health

Humans have been a communal species since inception and continue to be so to this day. Because of this, if even a small scale of a measured population becomes severely ill, the entire remaining population and surrounding area is thrown into absolute chaos. In fact, we have seen these circumstances throughout history and in the recent COVID-19 pandemic yet, some of us have forgotten that the only way this chaos can be curbed, is by enacting a mandatory vaccination policy. Since COVID-19 however, vaccination mandates have become an uneasy topic of conversation in the United States for essentially one main …

Distorted Burden Shifting & Barred Mitigation: Being A Stubborn 234 Years Old Ironically Hasn’T Helped The Supreme Court Mature, Noah Seabrook

Journal of Law and Health

This Note explores the intricate relationship between emerging adulthood, defined as the transitional phase between youth and adulthood (ages 18-25), and the legal implications of capital punishment. Contrary to a fixed age determining adulthood, research highlights the prolonged nature of the maturation process, especially for individuals impacted by Adverse Childhood Experiences (ACEs). The Note challenges the current legal framework that deems individuals aged 18 to 25 who experienced ACEs as eligible for capital punishment, highlighting the cognitive impact of ACEs on developmental trajectories. Examining cases like Dzhokhar Tsarnaev and Billy Joe Wardlow, this Note argues that courts often bypass mitigating …

Without Due Process Of Law: The Dobbs Decision And Its Cataclysmic Impact On The Substantive Due Process And Privacy Rights Of Ohio Women, Jacob Wenner

Journal of Law and Health

Since the overturning of prior abortion precedents in Dobbs v. Jackson Women’s Health Organization, there has been a question on the minds of many women in this country: how will this decision affect me and my rights? As we have seen in the aftermath of Dobbs, many states have pushed for stringent anti-abortion measures seeking to undermine the foundation on which women’s reproductive freedom had been grounded on for decades. This includes right here in Ohio, where Republican lawmakers have advocated on numerous occasions for implementing laws seeking to limit abortion rights, including a 6-week abortion ban advocated …

What You Should Know About Michigan’S Revised Kindergarten Oral Health Assessment Law, Michele Kawabe Mph, Rd, Cdces

The Journal of the Michigan Dental Association

Starting from the 2024-25 academic year, Michigan mandates a pre-school oral health assessment for all incoming kindergarten students. Michele Kawabe, MPH, RD, CDCES, explains the legislative change, its implementation through the Kindergarten Oral Health Assessment (KOHA) program, and its potential impact on dental offices. This feature provides insights into frequently asked questions, covering assessment protocols, forms, patient records, reimbursement, and data tracking by the Michigan Department of Health and Human Services (MDHHS).

Dentistry’S Cdt Code: Its Origins, Use And Future, Frank J. Pokorny Ii, Mba, Facd(Hon)

The Journal of the Michigan Dental Association

Today’s version of the Code on Dental Procedures and Nomenclature – commonly referred to as CDT 2024 -- is the latest iteration of the code set first published in 1969. The CDT Code is ADA intellectual property that serves dentists and the dental community at large as the HIPAA standard for documenting and reporting services delivered to patients. CDT supports multiple needs: e.g., documentation; billing and reimbursement; revenue; data analytics. The code set’s maintenance is an open process overseen by the ADA Council on Dental Benefit Programs’ Code Maintenance Committee. Any dentist or interested party may submit a maintenance request. …

News You Need, David Foe Ma

The Journal of the Michigan Dental Association

The upcoming Annual Session in Lansing, from April 17-20, offers opportunities for dental professionals to access quality continuing education, explore the expansive exhibit hall, and engage in special events like the Sparkling Smiles Celebration. The MDA Board of Trustees discussed the proposed new ADA Tripartite Membership Model, aiming to enhance engagement and offer targeted benefits. Additionally, volunteers are still needed for the Mission of Mercy program, and the MDA emphasizes the importance of dentists as mandated reporters for child abuse or neglect.

J Mich Dent Assoc April 2024

The Journal of the Michigan Dental Association

Every 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.

In the April 2024 issue, the Journal focuses on the landscape of practicing in rural settings. Original content includes:

• A cover story highlighting Michigan’s Donated Dental Service Program
• A feature on Michigan’s Revised Kindergarten Oral Health Assessment Law
• A feature article on the origins, future, and use of the CDT Code
• Profiles of the 2024-25 MDA Officer, Trustee and ADA Delegation candidate
• An …

Agents Of Change: Which One Are You?, Michelle C. Dziurgot Dds

The Journal of the Michigan Dental Association

In her editorial, Michelle C. Dziurgot, DDS, explores various roles dentists play as agents of change, including catalysts for urgency, collaborators with specialists, diligent workers for accuracy, risk-taking entrepreneurs, charismatic leaders, and peacemakers who resolve conflicts within their practices.

The Mda’S Michigan Donated Dental Services (Dds) Program: How To Serve The Elderly And Disabled In Your Community And Build Your Team (Without Leaving Your Office!), April Stopczynski

The Journal of the Michigan Dental Association

April Stopczynski, MDA Manager of Access and Prevention, sheds light on the Michigan Donated Dental Services (DDS) program, elucidating its impact on individuals through poignant patient narratives and dentist testimonials. The article illustrates how DDS bridges the gap in dental care for the elderly, disabled, and financially compromised individuals in Michigan. The program not only restores smiles but also transforms lives by providing much-needed dental treatment through volunteer dentists and labs. This article presents the value of DDS for patients, providers, dental team members and the greater community. Information is provided on how to participate in this transformative program.

Governmental Affairs Update: Dental Medicaid, Neema Katibai Jd

The Journal of the Michigan Dental Association

The MDA spearheads an initiative to enhance Medicaid anesthesia services reimbursement, aiming to address the disparity between current rates and commercial standards. Despite recent improvements in Medicaid dental benefits, access to care remains hindered by low anesthesia reimbursement rates. The MDA advocates for a substantial investment to increase reimbursement to 85% of commercial rates, garnering support from various medical associations. This collaborative effort marks a significant stride towards achieving equitable Medicaid reimbursement. Grassroots advocacy is pivotal in influencing state budget decisions, urging constituents to engage with legislators via MDA text alerts.

Ada Report: Ada Board Discusses New Services, Ce Changes, And Dental School Issues, Michele Tulak-Gorecki Dds

The Journal of the Michigan Dental Association

Michele Gulak-Gorecki, DDS, 9th District Trustee for the ADA, highlights discussions from the winter ADA Board meeting. Key points include the emphasis on ADA values, expansion of member services such as financial offerings, updates on revenue and membership models, collaboration with new dentists, improvements in continuing education programs, and insights from dental school deans on reducing education costs.

Mda At Your Service: What Is The Beneficial Ownership Information Report?, Kristin Johnson Dds

The Journal of the Michigan Dental Association

MDA Staff, with input from Kristin Johnson, DDS, explains the Beneficial Ownership Information Report required by the Corporate Transparency Act. Dental practices with fewer than 20 full-time employees and <$5M in annual sales must file by Jan. 1, 2025. They also address MIOSHA regulations, dental assistant duties, and access to MDA resources like the Delegation of Duties Chart and educational videos on infant oral health.