JENNIFER D. OLIVA Associate Professor of Law & Public Health Director, WVU Veterans Advocacy Clinic West Virginia University
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JENNIFER D. OLIVA Associate Professor of Law & Public Health Director, WVU Veterans Advocacy Clinic West Virginia University College of Law 101 Law School Drive, Morgantown, WV 26505 [email protected] (304) 293-7770 EDUCATION GEORGETOWN UNIVERSITY LAW CENTER, Washington, DC, Juris Doctor (2004) Honors: cum laude; Public Interest Law Scholar Journal: Georgetown Law Journal (Executive Notes and Comments Editor) UNIVERSITY OF OXFORD, Balliol College, Oxford, England, Master of Business Administration (1997) Honors: Rhodes Scholar UNITED STATES MILITARY ACADEMY, West Point, NY, Bachelor of Science (1996) Honors: Rhodes Scholar; Truman Scholar; Distinguished Graduate (top 5% of graduating class); Superintendent’s Award (> 3.67 academic GPA; eight semesters); Commandant’s Award (> 3.0 physical, military and academic GPAs; eight semesters); Beukemia Award (first in class in minor); Dean’s List (eight semesters) ACADEMIC EXPERIENCE WEST VIRGINIA UNIVERSITY, Morgantown, WV Associate Professor of Law and Public Health & Director, WVU Veterans Advocacy Clinic (2016 - Present) Courses: Evidence; Law and Forensic Science; Science and the Law; Public Health Law; Veterans Advocacy (Disability Law) Clinic THE PENNSYLVANIA STATE UNIVERSITY DICKINSON SCHOOL OF LAW, Carlisle, PA Clinical Professor of Law & Director, Legislative/Regulatory Advocacy Clinic (2015 - 2016) Courses: Health Care Law and Policy; Legislative/Regulatory Advocacy Clinic UNIVERSITY OF COLORADO LAW SCHOOL, Boulder, CO Visiting Professor (Spring 2015) Courses: Advanced Health Law Practicum; Colorado Health Equity Project (Medical-Legal Partnership Clinic) UNITED STATES MILITARY ACADEMY, West Point, NY Instructor, Department of Social Sciences (2000 - 2001) Courses: American Politics; The Politics of Race and Gender JUDICIAL CLERKSHIPS THE HONORABLE THOMAS L. AMBRO, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Wilmington, DE, Federal Appellate Law Clerk (Sept 2005 – Aug 2006) THE HONORABLE STEPHANIE K. SEYMOUR, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Tulsa, OK, Federal Appellate Law Clerk (Aug 2004 – Aug 2005) AWARDS Bellow Scholar, AALS Section on Clinical Legal Education Committee on Lawyering in the Public Interest (2017-2019) Public Interest Law Scholar, Georgetown University Law Center (2001-2004) 1 Rhodes Scholar (1996) Truman Scholar (1995) SELECTED PUBLICATIONS Son of Sam, Service-Connected Entitlements, and Disabled Veteran Prisoners, 25 GEO. MASON L. REV. ___ (forthcoming 2018). Appalachian Veteran Coalminer Narratives, book chapter in DYING TO BE HEARD (JENA MARTIN ET. AL EDS.) (forthcoming 2018). Discovering Forensic Fraud, 112 NORTHWESTERN L. REV. 124 (2017) (with Valena Beety). U.S. Senate Unveils Health Care Bill Designed to Dismantle the ACA, OXFORD HUMAN RIGHTS HUB (Jun. 29, 2017). How an ACA Repeal Would Devastate Appalachia, OXFORD HUMAN RIGHTS HUB (Mar. 29, 2017). Justice Scalia’s Repudiation of Women’s Health and Reproductive Rights, OXFORD HUMAN RIGHTS HUB (Mar. 17, 2016). Will States Have Time to React if the Supreme Court Rules Against the Government in ACA Case? THE CONVERSATION (Jul. 24, 2015). Congress Reintroduces Legislation to Curb Antibiotic Resistant Organisms, HEALIO.COM (May 20, 2014). WORKS-IN-PROGRESS Public Health Policing Evidence on Fire Justice-Involved Veterans Research Study APPOINTMENTS Board Member, American Civil Liberties Union of West Virginia (ACLU-WV) (2017-Present) Member, Veterans Advisory Group to the Honorable Joseph Manchin III (D-WV) (2017-Present) Member, United States District Court for the Northern District of West Virginia (Clarksburg) Drug Court Treatment Team, (2016-Present) Member, West Virginia University Rhodes Scholar Selection Committee (2016-Present) Member, West Virginia University Truman Scholar Selection Committee (2016-Present) Member, West Virginia University Women’s Leadership Initiative (2017-Present) Member, West Virginia University Veterans Committee (2016-Present) Member, West Virginia Bar Association Veterans and Military Affairs Committee (2016-Present) Chair, National Law School Veterans Clinic Consortium (NLSVCC) VA and VSO Committee (2017-Present) Co-Chair, AALS Section on Clinical Legal Education Interdisciplinary Subcommittee (2017-Present) 2 Member, AALS Section on Clinical Legal Education Committee on Lawyering in the Public Interest (Bellow Scholars Committee) (2017-Present) GRANTS WVU Community Engagement Grant for Veteran Ex-Offender Re-Entry Initiative (2017) ($8,500) WVU Faculty Senate Travel Grant to present Bellow Scholar research project: Justice Involved Veterans Reintegration Study at the AALS 40th Annual Conference on Clinical Legal Education (2017) ($700) Veterans Pro Bono Consortium Veterans Advocacy Clinic Grant (2016) ($10,000) PROFESSIONAL EXPERIENCE ARNOLD & PORTER LLP, Washington, DC, Attorney, FDA/Healthcare Practice Group (Mar 2014 – Oct 2014) • Successfully counseled clients on government price reporting, internal investigations, fraud and abuse compliance, federal contracting requirements, and legislative and public policy issues affecting the pharmaceutical, medical technology industries; advised pharmaceutical and medical technology companies on pricing, regulatory compliance and contracting matters arising under the Veterans Health Care Act; the Medicaid Rebate Act; the Deficit Reduction Act of 2005; the Medicare Prescription Drug, Improvement, and Modernization Act; and the Patient Protection and Affordable Care Act; represented clients in federal and state litigation, enforcement and false claims actions, internal investigations, and government audits and investigations. COOLEY MANION JONES LLP, Wilmington, DE, Of Counsel (Jan 2013 – Mar 2014) • Successfully defended complex commercial litigation, including products liability, government contract, state escheat, negligence, medical malpractice, medical device, pharmaceutical pricing, quality of care, employment and labor-related civil actions and administrative enforcement claims before state and federal agencies, including federal and state departments of health and human services and their divisions of Medicaid and Medicare administration; supervised a litigation team that serves as The Boeing Company’s National Discovery Counsel, Regional Coordinating Counsel in the Atlantic/South Region and Delaware Local Counsel responsible for litigating all procurement products and premises trial threat cases in the federal courts ADVOSERV, Bear, DE, Vice President & General Counsel (Mar 2011 – Jan 2013) • Represented regional behavior health care company at all civil actions in the state and federal courts as well as before all state and federal administrative agencies, including departments of health and human services and their divisions of Medicaid and Medicare administration and drug enforcement as well as departments of education; successfully defended $10 mm federal court FLSA class action, multiple OSHA enforcement actions, and all health care related claims involving the False Claims Act, Stark Act, Anti-Kickback Act, HIPAA enforcement and quality of care actions; drafted all legal memoranda, briefs, policies, rules, regulations, resolutions, and related papers; served as legal liaison to federal and state departments of education and health and human services; drafted and structured employee benefit plans, responses to state and federal requests for health and educational services procurement, and government services contracts, including state and federal Medicaid funded health services; advised Board on all federal and state drug administration, quality of care, employment, and labor issues DELAWARE DEPARTMENT OF JUSTICE, Wilmington & Dover, DE (Jan 2007 – Mar 2011) • Chief of Staff (Jan 2007 – Jan 2008) Served as Counsel to Delaware Attorney General Joseph R. (“Beau”) Biden, III; supervised and managed Department’s Administrative Division; served as Department’s designee on statewide heathcare consortia committee charged with drafting qui tam legislation compliant with False Claims Act 3 • Deputy State Solicitor (Jan 2008 – Mar 2011) Supervised sixty-four (64) deputy attorneys general and managed statewide civil and administrative litigation; successfully represented Delaware agencies in the federal and state courts, including the state’s Division of Medicare and Medicaid Administration as lead counsel in an multi-million dollar federal district court pharmaceutical rate setting injunctive relief action initiated by the National Association of Community Pharmacies; served as general counsel to the state’s officials, departments, boards, and commissions,; first chaired numerous complex, multi-state affirmative civil enforcement actions, including health care fraud, off-label drug and device marketing, HIPAA, False Claims Act/qui tam, FLSA, OSHA, Title VII, Title IX, ADA, and environmental enforcement actions; successfully defended myriad Section 1983, constitutional, contractual procurement, labor, and employment-related claims; negotiated complex settlement, corporate integrity and compliance agreements between state enforcement agencies and private companies STEPTOE & JOHNSON, LLP Washington, DC, Associate, Appellate Practice Group (Aug 2006 – Jan 2007) • Represented corporate clients against criminal and complex civil litigation actions, including federal administrative enforcement actions, by drafting trial and appellate briefs and dispositive motions, interrogatories, requests for admission and production, and jury instructions; successfully litigated pro bono capital murder