Health Law and Policy Commons^™

Memoir: The Brain, Neuroethics, And Bioethics, Leslie C. Griffin

Scholarly Works

This Essay examines how developments in neuroscience (or brain science) affect our views of law, medicine, ethics, and religion. Part I shows how lack of clarity about brain death can lead to premature organ donation. Part II argues that health care too often provides inadequate brain care and incomplete rehabilitation. Part III explains why recovery may be possible for those braininjured patients who are told it is not. Part IV demonstrates how the fear of a brain-injured patient oddly affects my perspective on Tort and Criminal Law, which are being influenced by neuroscientific advances. Part V examines the new developments …

Health Law: Incremental Innovation, George Horvath

The Judges' Book

Transformative medical innovations—the ones that disrupt the world—command the lion’s share of attention. But the vast majority of innovations are incremental—the result of small modifications made to existing products. The process of incremental innovation tends to be highly iterative, with products being modified again and again. Over time, dozens or hundreds of small changes can accumulate to the point where contemporary technology bears little resemblance to the technology of years or decades before.

In the field of medical devices regulated by the Food and Drug Administration (FDA), incremental innovation accounts for roughly 99% of new devices. On the upside, incremental …

From Classroom To Courtroom: Vicarious Liability In Clinical Education, Grace M. Owens

Mercer Law Review

Vicarious liability has progressively extended its reach into the healthcare field. The advancement of clinical education and increased presence of medical students in the healthcare setting raises the question of who bears the legal responsibility for a student’s wrongful acts or omissions during the provision of medical care. In an attempt to conform to traditional tort ideals, should a medical student be solely responsible for their own actions? Conversely, should the medical institution or supervising physician pay the price of a student’s mistakes? Statham v. Quang demonstrates this tension and represents the Supreme Court of Georgia’s attempt to strike a …

Care Court: Unconstitutional And Ineffective, Samantha Moulton

Loyola of Los Angeles Law Review

The Community, Assistance, Recovery, and Empowerment Act (CARE) subjects Californians with schizophrenia and related disorders to a grueling, invasive, and coercive court process that strips them of their fundamental rights. Worse yet, CARE forces people into this process for no reason because involuntary outpatient commitment does not work to reduce hospitalization, increase compliance with medication, or improve treatment outcomes. CARE is not only unconstitutional—it is morally objectionable. This Note first analyzes how CARE violates the due process clause by subjecting individuals who are not dangerous to themselves or others to a court proceeding and to potential involuntary commitment. Then, it …

Renown Regional Med. Center V. Dist. Ct., 141 Nev. Adv. Op. 64 (December 11, 2025), Jacob Stephenson

Nevada Supreme Court Summaries

Ordinary negligence sounds in professional negligence when it is based on conduct linked to a medical relationship.

Impact Of The 23andme Bankruptcy On Preserving The Public Benefit Of Scientific Data, Jonathan E. Lotempio Jr., Chistopher R. Donohue, Jonatahan D. Moreno, Ana Santos Rutschman, Joshua Sarnoff, Michael S. Sinha, Thomas Stoeger, Jorge L. Contreras

Faculty Publications

The bankruptcy of 23andMe was an inflection point for the direct-to-consumer genetics market. Although the privacy of consumer data has been highlighted by many as a concern, we discuss another key tension in this case: the corporate enclosure of scientific data that has considerable potential value for biomedical research and public health.

Magic Mushrooms As Medicine: What The United States Can Learn From Jamaica’S Unregulated Psilocybin Industry As Fda Approval Nears, Kyle Spohn

University of Miami Inter-American Law Review

In 1970, Congress passed the Controlled Substances Act and swiftly placed psilocybin (the active chemical in “magic mushrooms”) under Schedule I—the strictest level of regulation withheld for substances with “no currently accepted medical use.” While the United States has maintained this rigid framework, Jamaica has taken the opposite approach. Psilocybin was never listed under Jamaica’s Dangerous Drugs Act, and remains unregulated. In recent decades, research has shown that psilocybin, when administered in controlled settings, can effectively treat depression, anxiety, and other psychiatric conditions. In response, the Jamaican government has not only preserved psilocybin’s legality but has encouraged research and industry …

Constitutional Law On Abortion In Latin America And The Caribbean: A Regional Consensus Towards An International Custom Or A Peremptory Norm Of Jus Cogens?, Ligia Castaldi

University of Miami Inter-American Law Review

The Inter–American Court of Human Rights recently declared the existence of a jus cogens right to a healthy environment: could it lawfully reach the same conclusion regarding a right to abortion? This paper examines constitutional law and constitutional jurisprudence on abortion in Latin American and Caribbean countries to determine whether a regional consensus exists on abortion rights in the region. The paper looks at landmark abortion decisions favoring abortion rights in Colombia and Mexico, as well as broad abortion decriminalization through statutory reform in Argentina, Uruguay, Haiti and Cuba. The paper also looks at prenatal right to life protections in …

Health Care Civil Rights: Addressing The American Maternal Mortality Disparity Through Health, Law, And Policy, Victoria Pedri

Michigan Journal of Gender & Law

The United States is facing a pressing issue in maternal health, standing out as uniquely dangerous among similarly situated nations, with significant disparities in maternal mortality rates, particularly affecting Black American pregnant people. This paper, “Health Care Civil Rights: Addressing the American Maternal Mortality Disparity Through Health, Law, and Policy,” argues that by addressing the root cause of the Black Maternal Mortality Disparity (BMMD)—structural racism—and implementing rigorous, enforced standards of care, the United States can ensure safer childbirth experiences for Black pregnant people. Utilizing intersectional and anti-racist frameworks, the analysis identifies inferior medical care, particularly in diagnosing and treating preventable …

The Reasonability Rule For Medical Damages In Tort: In Defense Of Chargemaster Recovery, Avery E. Tunstill

Washington Law Review

In a personal injury suit, Washington law requires the plaintiff to prove that their medical costs are reasonable to recover damages for those costs. Tort reform proponents attempt to use this reasonability rule to limit tort damages awards. They argue that a plaintiff should only recover a portion of a hospital’s bill because most people do not pay a hospital’s sticker price—or the “chargemaster rate”—for medical care. Some reformers argue that recovery rates should instead be based on a set figure. Others argue in favor of eliminating the collateral source rule, which prohibits juries from reducing tort damages awards in …

Shielding Freedoms: State Noncooperation In Hunts For Evidence And People, Mary D. Fan

Washington Law Review

The nation is fracturing into a patchwork of rights and punishment. What some states and localities safeguard as rights, other jurisdictions are criminalizing and punishing. As the divides in rights and punishment deepen, some states are becoming sanctuaries for freedoms penalized elsewhere and enacting shield laws prohibiting cooperation with criminalization and punishment states. A prime example is shield laws protecting people seeking to exercise reproductive rights or obtain gender-affirming care. Major jurisdictions for healthcare and technology-related businesses, such as Washington, California, New York, and Massachusetts, have enacted shield laws that prohibit law enforcement and companies from complying with subpoenas seeking …

Mda At Your Service: A Deaf Person Wants To Become My Patient, Rachel Sinacola Dds, Ms

The Journal of the Michigan Dental Association

The column clarifies that under the Americans with Disabilities Act (ADA), dental offices must provide auxiliary aids or services for patients with hearing impairments, which may require a professional interpreter paid for by the dentist in complex visits. Members are encouraged to notify the MDA about practice/life changes (e.g., address changes or caseload shifts) to ensure proper benefits and dues discounts. New associates are strongly urged to utilize the MDA resource for contract review, which offers a 10% discount with Kerr Russell Attorneys. Additionally, the MDA Store provides free Labor Poster Packets, fulfilling state and federal employer requirements.

The Case For Credentialing Dental Assistants, Michelle Godofsky

The Journal of the Michigan Dental Association

Credentialing dental assistants is presented as a method to enhance productivity and address workforce shortages; currently, only about 15% of Michigan dental assistants are Registered Dental Assistants (RDAs). A case study at Thunder Bay Community Health Service, an FQHC in Northern Michigan, illustrates success, where RDAs perform expanded functions—like placing restorations and monitoring nitrous oxide—boosting clinic productivity by 16%. The clinic supports its dental assistants by covering education and exam expenses and providing study time during work hours. This investment improves job satisfaction, confidence, morale, and patient communication among staff, strengthening employee retention.

Opioids And Oblivion: Corporate Bankruptcy And The Erosion Of Accountability In Big Pharma, Ying Yuan

Washington Law Review

In June 2024, the United States Supreme Court ruled in Harrington v. Purdue Pharma that nonconsensual releases for nondebtors are unconstitutional. The decision marked a key development in mass tort litigation involving Purdue Pharma, the company at the center of the opioid crisis. The Sackler family sought to use Purdue’s bankruptcy proceedings to shield themselves from liability, but the Court’s ruling invalidated the use of nondebtor releases to protect third parties from claims without the full consent of affected parties. While the ruling strengthens creditor protections, it creates uncertainty regarding how mass tort bankruptcies can efficiently compensate victims, particularly in …

From Medical Exceptions To Reproductive Freedom, David S. Cohen, Greer Donley

Michigan Law Review

Since the Supreme Court overruled Roe v. Wade in 2022, there has been a significant focus on pregnancy complications. This focus has created some risks. Highlighting medically indicated abortion stories could stigmatize the vast majority of abortion seekers who lack medical reasons for abortion and result in narrow remedies that do nothing to undermine abortion bans. This Article presents a way to convert these risks into an opportunity: to use pregnancy complications as a wedge to challenge abortion bans more generally and make abortion more accessible for everyone. We present a long-term strategy to dismantle abortion bans, using several legal …

Parenting While Mad: Altered States, Carceral Psychiatry, And The Fight For Abolitionist Access, Stefanie Lyn Kaufman-Mthimkhulu

Journal of Law and Policy

Legal and psychiatric systems respond to parents in distress-oriented altered states (often labeled “postpartum psychosis”) in ways that reveal deep structural failures. Rather than providing genuine care, these states are criminalized, pathologized, and met with coercive treatment, family separation, and surveillance. Drawing on Silvia Federici’s Caliban and the Witch, this article traces these systems to the rise of colonial-capitalist-patriarchy, when land was enclosed, reproductive labor weaponized, and community healing knowledge expropriated. Clinical mental health and family regulation systems continue this legacy today, punishing Madness, disempowering caregivers, and undermining community capacity to respond to distress. The author examines cases of postpartum …

J Mich Dent Assoc December 2025

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+ members. It remains the main publication reaching Michigan dentists and is available worldwide through ADA Commons. The December 2025 (Volume 107, No. 11) issue of the Journal is published in a digital-only format to provide updates and insights for Michigan's oral health community and MDA members. Print editions will resume in the new year.

This issue includes feature articles on the Michigan Dental Foundation, A Case for Credentialing Dental Assistants, and a feature …

Mda Insurance: Offer Group Health Insurance To Entice Recruits, Retain Valuable Staff, Craig Start

The Journal of the Michigan Dental Association

Amidst a competitive labor market, offering group health insurance is critical for attracting and retaining qualified dental staff, as it is the most highly valued employee benefit. Dentists can establish an employment policy stipulating cost-sharing for premiums, rather than paying the entire cost. The MDA strongly encourages investigating the exclusive MDA Health Plan, which offers 11 distinct plan designs powered by Priority Health. For 2026, the MDA Health Plan is increasing rates by only 4%, significantly lower than commercial group plans requesting double-digit increases (10% to 18%). Plans can be started at any time during the year, requiring about 30 …

Dentistry And The Law: Miscellaneous Questions About Dental Records, Daniel Schulte Jd

The Journal of the Michigan Dental Association

This column addresses the legal requirements surrounding dental records. Dentists must furnish copies of records to patients or those acting on their behalf (with signed consent), but the original records should always be retained by the treating dentist. Patient information regarding care and treatment is confidential and privileged; disclosure requires written patient consent unless specific legal exceptions apply, such as court orders, defense of a claim, or HIPAA compliance for treatment, payment, or healthcare operations. Dentists must also obtain a signed release from the patient (or guardian for minors) before displaying "before and after" photos for commercial use to avoid …

Impact In Action: Your Michigan Dental Association Foundation, Anne Berquist

The Journal of the Michigan Dental Association

The Michigan Dental Association (MDA) Foundation, a 501(c)3 non-profit, works to promote better dental health and support the future dental workforce through educational scholarships. The Foundation’s impact is increasing yearly, evidenced by a 42% increase in scholarship awards in 2024, providing $44,000 to 15 recipients. It also provides grants to statewide organizations delivering dental care to uninsured, impoverished, and underserved populations, awarding $141,500 in 2025. A high-profile program is the biannual Michigan Mission of Mercy (MOM), which provided over $1.1 million in donated care in Flint in 2024. Support is generated through various fundraisers, including the Year-End Fundraising Campaign.