2013 AALS LAW, MEDICINE & HEALTH

CARE SECTION N EWSLETTER

Section Officers: Immediate Past Chairs:

Chair: Jennifer Bard (Outgoing Chair) Elizabeth Weeks Leonard Texas Tech University School of Law University of Georgia School of Law Joan Krause (Chair 2011) UNC School of Law Chair Elect: Ani B. Satz At Large Members: Emory University School of Law Katherine A. Van Tassel University of Akron School of Law Secretary: Thaddeus Mason Pope Elizabeth Pendo Hamline University School of Law Saint Louis University School of Law

2014 Section Programs: Table of Contents Role of Nonprofits under the Affordable Care Act (Co-sponsored by the Section on Nonprofit and Philanthropy Law) AALS Annual Meeting 1 Friday, Jan 3, 2014, 10:30 a.m.-12:15 p.m. Letter from the Chair 2 Faculty News 3 Kathleen M. Boozang, Seton Hall University School of Law, Program News 32 Policies Addressing Care and Reimbursement for Academic Health Law Conferences 43 Undocumented Patients Mary Crossley, University of Pittsburgh School of Law, Nonprofit Hospitals as Partners in Community Health Improvement: Lessons from the Community Reinvestment Act AALS Annual Meeting Erin C. Fuse Brown, Georgia State University College of Law, Fairness is Not Charity: The Inadequate 501(r) Charge Limit and Collection Rules for Tax-Exempt Hospitals and a Jan. 2 – 5, 2014, New York, NY Proposal for Expansion Thomas (Tim) L. Greaney, Saint Louis University School of Law, Nonprofit Hospital Conversions and Closings after Section Activities Health Reform Mark A. Hall, Wake Forest University School of Law, 2014 Section Cocktail Reception Nonprofit Health Insurance Cooperatives: A Weak Idea that Friday, Jan 3, 2014, at 6:30 p.m. Might Actually Help KPMG’s Manhattan Offices, near the Hilton Midtown Robert A. Katz, Indiana University McKinney School of Law, Moderator and Speaker, American Exceptionalism: The U.S. 345 Park Avenue Tel: 212-758-9700 Tax Code’s Refusal to Treat Health Care as a Per Se Cha ritable Purpose The reception is generously hosted by the Seton Hall health Catherine E. Livingston, Jones Day, Commentator law faculty, together with Seton Hall health law alums who Jean Wright Veilleux, Charlotte School of Law, Unlikely work in the provider section of KPMG. Hero: How the IRS Can Use its Regulatory Authority to Rescue the Medicaid Program This reception is in lieu of the Section Breakfast, typically held on Saturday morning during the conference. The Section This panel will address the role of nonprofit organizations Business meeting will be conducted at the end of our Section under the Affordable Care Act of 2010 (“ACA”). Broad topics Program on Saturday afternoon. include: the ACA’s new requirements for 501(c)(3) tax-exempt hospitals; Care and Reimbursement for Medicaid and To give us a sense of numbers for the reception, please Undocumented Patients; and nonprofit Consumer Operated RSVP to Elizabeth Weeks Leonard’s assistant, Shawn and Oriented Plans (CO-OPs). Proceedings will be published Lampere, at [email protected] if you plan to attend. in the Indiana Health Law Review. Please mention “AALS” in the subject line. Proceedings will be published in the Indiana Health Law Review. AALS Law, Medicine & Health Care

Sustainability and Health Saturday, Jan. 4, 2014, 2:00-3:45 p.m. Second, Section Member and Chair of the Section on Nonprofit Business meeting to follow Section Program Law & Philanthropy, Rob Katz, will lead some of our field’s brightest minds in a discussion of the role of nonprofits under the Patient Protection and Affordable Care Act, showcasing the Mark Izeman, NRDC, Emerging Trends in Regional Food Law: Implications for Sustainability and Health ongoing need for specialized, technical knowledge to guide Melissa Powers, Lewis and Clark Law School, Climate Action federal health reform implementation. Both proceedings will be Plans and Urban Pollution captured for posterity in special editions of the Journal of Law, Ashley Rhinehart, Humane Society of the U.S., Factory Medicine & Ethics and Indiana Health Law Review, respectively. Farming, Sustainability, & Public Health Laurie Ristino, Vermont Law School, Food Policy for In addition to encouraging your attendance at the terrific panels, Improving Sustainability and Health: A Proposed Legal I am delighted to invite you to the Section’s cocktail reception on Friday evening. The Executive Committee has received Framework Ani B. Satz, Emory University School of Law, Moderator feedback over the years regarding the expense, early hour, and limited menu options associated with our customary Saturday Joanna Sax, California Western School of Law, Revisiting the Role of the Value of a Statistical Life through Fracking morning breakfast. After deliberation, we decided to offer a different opportunity for informal networking and catching up This panel will explore the effects of the environment on health with colleagues. This year, the Seton Hall Law health law in western nations and the role that sustainability initiatives faculty, together with the Seton Hall health law alums working in play with regard to wellness. The panel will be the provider section of KPMG, graciously agreed to host the interdisciplinary, broadly spanning topics in health, reception. The Section business meeting will be conducted environmental, and animal law and policy as well as public immediately following the Saturday afternoon panel. Please join us Friday evening and join me in thanking Seton Hall, especially health, land use, and urban planning. Proceedings will be Kathleen Boozang, and KPMG for generously sponsoring this published in the Journal of Law, Medicine, & Ethics. event.

Finally, I would like to thank the other Section officers for their hard work and guidance this year: Past Chair, Joan Krause, for Letter from the Chair her wise counsel and sharp institutional memory; Immediate Past Chair, Jennifer Bard, for representing the under- represented in both her scholarship and service to the Section; It has been an honor to serve as Chair of the Section on Law, Chair-Elect, Ani Satz, for her vision in assembling the panel and Medicine & Health Care this past year. When I entered the tireless assistance in Section governance; Thad Pope for academy ten years ago, I frequently was asked “What is health bringing the historically thankless task of newsletter preparation law?” or “Is there a casebook for that?” Last year, a new cadre into the cyber era; At Large Member, Elizabeth Pendo, for of legal scholars discovered and joined our field, at least for the similar streamlining of the officer nominations process; and At limited purpose of weighing in on the Supreme Court’s landmark Large Member, Katharine Van Tassel, for serving as unofficial decision in National Federation of Independent Business v. Section blogger at Health Law Prof Blog and Bill of Health. It Sebelius. This year, health law became the focal point of was an honor to serve with all of you. nationwide debate that brought the federal government to a standstill. New York City Mayor Michael Bloomberg’s Big Gulp With warmest regards, Ban made “public health paternalism” not mere esoteric theory Elizabeth Weeks Leonard but front-page news. University of Georgia School of Law

Nowadays, one would be hard pressed to find a member of the public unaware of laws regulating health, or health care as a critical public policy concern. For a law school not to offer a health law course would be almost unthinkable. It seems we have arrived. The challenge for health lawyers going forward, then, is not so much establishing our legitimacy but marshaling our expertise to inform the future of health law both inside and outside the academy.

This year’s Annual Meeting programs rise to that challenge. First, Chair-Elect Ani Satz has convened an impressive, interdisciplinary group of scholars to discuss sustainability and health. The topics transcend not only health law but also public health law, environmental law, and animal law, demonstrating the centrality of health and wellness to forward-thinking issues of global resource allocation. 2

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Presentations: Faculty News Presumed Consent Laws Are Not the Answer to Increasing Organ Donation: How Can We Find Out What Is? American Association of Bioethics and the Humanities annual meeting, Atlanta, Ga. (Oct. 2013). George J. Annas Employee Benefits and Disability Rights in a Post-Affordable William Fairfield Warren Distinguished Professor, Boston Care World (Discussant); Research Deans Talk About What University Works (and What Doesn’t) on Encouraging Faculty Research and Scholarship (Moderator and Discussant); Health Care Publications: Reform Reprised: What Progress Has Been Made Since Last HEALTH AND HUMAN RIGHTS IN A CHANGING WORLD (Michael A Year? (Discussant); Southeastern Association of Law Schools, Grodin, Daniel Tarantola, George J. Annas, Sofia Gruskin eds., West Palm Beach, Fla. (Aug. 2013). 2013). Guantanamo Bay: A Medical Ethics-Free Zone? 369(2) NEW Fellowships: ENGL. J. MED. 101 (2013) (with Sondra S. Crosby & Leonard H. Scholars in Residence Fellow, Robert Wood Johnson Glantz). Foundation. Patient Autonomy and Incidental Findings in Clincal Genomics, ۩ & SCIENCE 1049 (2013) (with Susan M. Wolf (6136)340 Sherman Elias). Health and Human Rights in the Continuing Global Economic Crisis, 103 AM. J. PUBLIC HEALTH 967 (2013). Jessica W. Berg Professor of Law, Bioethics, & Health and Associate Director, Presentations: Law-Medicine Center, Case Western Reserve University School Life, Liberty and the Futile Pursuit of Physician Assisted Suicide, of Law 4th International Seminar in Health Law and Bioethics, University of Reading, England, (July 2013). Publications: Embryo Donation: Ethical Issues, in THIRD PARTY REPRODUCTION: .(A COMPREHENSIVE GUIDE (2013) (with Stephanie Corley ۩ The Effect of Social Media on End-of-Life Decision Making, in DEATH AND DYING (forthcoming 2014). Jennifer Bard Capacity and Competence, in COMPANION TO BIOETHICS Alvin R. Allison Professor of Law and Director, Health Law (forthcoming 2014) (with Katherine Shaw). Program and J.D/M.D. Dual Degree Program, Texas Tech University School of law; Professor (Adjunct), Texas Tech Presentations: University School of Medicine, Department of Psychiatry Consumerism and Self-Diagnosis, Indiana School of Law Symposium (Mar. 2013). New Appointments/Promotions: New Tests, New Talks: The Role of Counseling in Prenatal Texas Tech University Health Sciences Center, Graduate Genetic Diagnosis (Apr. 2013). School of Biomedical Sciences– Department of Public Health. The Internet Revolution and the Necessary Evolution of Informed Consent, American Society of Bioethics and Publications: Humanities Annual Meeting (Oct. 2013). Futility on the Border: What Should a Hospital Do for an Think Local, Act Global: Exploring the Critical Role of Local Law Undocumented Person in a Vegetative State who Can No in Achieving Public Health Goals, American Public Health Longer Benefit from Hospital Treatment?, HASTINGS CTR. Association Annual Meeting (Nov. 2013). REP. (July-Aug. 2013) (with Craig M. Klugman). ۩ Jennifer S. Bard, Putting Patients First: How the FDA Could Use Its Existing Powers to Reduce Post- Market Adverse Events, __ IND. HEALTH L. REV. (forthcoming 2013). Gaia Bernstein Medicolegal & Ethical Aspects of Prehospital Emergency Professor of Law & Margaret Gilhooley Research Fellow, Seton Medicine (with Craig M. Klugman), in THE ABC OF PREHOSPITAL Hall School of Law EMERGENCY MEDICINE (M. Boylan ed., 2013). What to Do When You Can’t Hear the Whistleblowing: A Publications: Proposal to Protect the Public’s Health by Providing Symposium, Unintended Consequences: Prohibitions on Whistleblower Protection for Medical Researchers, 9 IND. Gamete Donor Anonymity and the Fragile Practice of HEALTH L. REV. 1 (2012). Surrogacy, 10 IND. HEALTH L. REV. 291 (2013). The Book of Woe, 33(3) J. LEGAL MED. 313 (2013). Incentivizing the Ordinary User, FLA. L. REV. (forthcoming 2014).

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Presentations: The Rise of the End User in Patent Litigation, Intellectual Kimberly Cogdell Boies Property Law Scholars Conference (IPSC), Cardozo Law Associate Professor and Director – Biotechnology & School (Aug. 2013). Pharmaceutical Law Institute, North Carolina Central University Incentivizing the Ordinary User, 1st Annual Conference on School of Law Governance of Emerging Technology: Law, Policy and Ethics, Arizona State University (June 2013). Promotion: Under the Parental Gaze: Intensive Parenting, Social Networks Promoted from Assistant Professor to Associate Professor with and Children's Privacy, The International Society of Family Law tenure. Scholars Conference, Brooklyn Law School (June 2013). ۩ The Rise of the End User in Patent Litigation, PatCon3 Conference, Chicago Kent College of Law (Apr. 2013). Discussant, Abortion and Assisted Reproduction Workshop, Kathleen M. Boozang Rutgers Camden School of Law (Apr. 2013). Associate Dean for Academic Advancement, Professor of Law, Unintended Consequences: Prohibitions on Gamete Donor Seton Hall Law School Anonymity and the Fragile Practice of Surrogacy Reproductive

Technologies Symposium, Rutgers Newark Law School (Apr. Publications: 2013). Editor: PHARMACEUTICAL AND MEDICAL DEVICE COMPLIANCE Under the Parental Gaze: Intensive Parenting, Social Networks MANUAL (1st ed. 2012) (with Simone Handler-Hutchinson). and Children's Privacy, Family, Privacy Secrets and the Law The Review, Aspirations and Challenges of Decision Aids, Roundtable, University of Maryland School of Law (Mar. 2013). ARIZONA SYLLABUS (Spring 2013). Unintended Consequences: Prohibitions on Gamete Donor Symposium, Is a For-Profit Structure a Viable Alternative for a Anonymity and the Fragile Practice of Surrogacy, MALSA Health Care Ministry? (2013). Conference, Drexel Law School (Oct. 2012).

Unintended Consequences: Prohibitions on Gamete Donor Presentations: Anonymity and the Fragile Practice of Surrogacy, Baby Markets Moderator, Presumption of Effectiveness: Compliance and Roundtable, Indiana University Bloomington School of Law (Oct. Healthcare Fraud Enforcement, American Health Lawyers 2012). Association, 2013 Fraud & Compliance Forum, Baltimore. Roundtable discussant, Reproductive Technologies Roundtable, Organizer and Moderator, I’ve Seen Life from Both Sides Now, SEALS (July 2012). American Health Lawyers Association, 2013 Annual In-House

Conference, San Diego. Other Professional Activities: Panelist, The New Jersey Death with Dignity Act, Rutgers Law Chair, AALS Section on Privacy and Defamation. School-Newark (Spring 2013). Member of Executive Committee, AALS Section on Intellectual It’s Time to Measure Effectiveness and Value of Compliance Property. Programs, Harvard Law School, Petrie-Flom Center (Spring Chair, Works in Progress in Intellectual Property (WPIP) 2013). Conference Committee. The Risks of the Corporate Compliance Doctrine, Sidley Austin/Seton Hall Law Life Sciences College (Spring 2013). ۩ ۩ John Blum John J. Waldron Professor of Health Law & Policy, Loyola Jennifer Brobst University Chicago School of Law Legal Director, Center for Child and Family Health, North Carolina Central University School of Law Publications: The Naprapath in the Rainforest, 17 NEXUS J. OF L. & POL’Y 101 Publications: (2013). The Impact of Secondary Traumatic Stress Among Family Attorneys Working with Trauma-Exposed Clients, 10 J. HEALTH Other Professional Activities: & BIOMEDICAL LAW (forthcoming 2014). Appointed to the founding board of the Center for Telehealth & E-Health Law Innovations. Presentations: Interacting with the Legal System for Medical and Mental Health Professionals: Preparing for Court Testimony and Requests for ۩ Records, Mountain Area Health Education Center (MAHEC), Asheville, North Carolina (Oct. 25, 2013) (day long contracted presentation, live-streamed statewide).

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The Impact of Secondary Traumatic Stress among Family to inform the practice and policy debate. We are now accepting Attorneys Working with Trauma-exposed Clients: Implications abstracts and applications for a junior scholar travel scholarship. for Practice and Professional Responsibility, accepted More information is available here: presentation for the University of Richmond School of Law’s http://publichealthlawresearch.org/2014-Annual-Meeting. Biennial State of the Family Symposium, Richmond, Virginia ۩ .(Sept.15 – 16, 2013)

۩ Kathy Cerminara Professor of Law & Director of Faculty Development, Nova Erin C. Fuse Brown Southeastern University Shepard Broad Law Center Assistant Professor, Georgia State University College of Law Grants, Honors, Awards: Publications: I became a member of the Dean’s Advisory Council for the The Harms of Irrational Hospital Pricing, ___ HOUS. J. HEALTH L. College of Communications at my undergraduate alma mater, & POL. ___ (forthcoming 2014) (symposium). Ohio University. Developing a Durable Right to Health Care, 14 MINN. J. L. SCI. & In June 2013, the American Health Lawyers Association named TECH. 439 (2013). me one of 31 Pro Bono Champions based on my work co- organizing a symposium titled Wounds of War: Meeting the Presentations: Needs of Active-Duty Military Personnel and Veterans with Got Health Insurance? Navigating Your New Options under the Post-Traumatic Stress Disorder, held on Feb. 1, 2013. Affordable Care Act, Georgia State University College of Law (Oct. 2013). Publications: The Harms of Irrational Hospital Pricing, HOUS. J. HEALTH L. & THE RIGHT TO DIE: THE LAW OF END-OF-LIFE DECISIONMAKING POL. Symposium: Our Patchwork Health Care System: Benefits (Supp. 2014, forthcoming Dec. 2013) (co-authored with Alan and Challenges (Sept. 2013). Meisel). Developing a Durable Right to Health Care, Presentation to Centers for Disease Control and Prevention, Office of the Presentations: Associate Director of Policy (Sept. 2013). Panel Participant, Managing Cognitive Decline in the Invited Panelist, The Harms of Irrational Hospital Pricing, Chronically Ill: An Inter-Professional Approach, Nova SEALS Annual Conference (Aug. 2013). Southeastern University, Ft. Lauderdale, FL (Nov. 2, 2013). The Way Forward for the Affordable Care Act’s Right to Health Panel Participant, Court Innovation and Problem-Solving Care, ASLME Health Law Professors Conference (June 2013). Courts, Nova Southeastern University's Public Health Law Summit: Problem-Solving Justice and Reducing Recidivism: The Power of Community, Ft. Lauderdale, FL ۩ (Sept. 20, 2013). Discussion group participant, Health Care Reform Scott Burris Reprised: What Progress Has Been Made Since Last Year?, Temple University Beasley School of Law, Director of the Public Southeastern Association of Law Schools, Palm Beach, FL Health Law Research National Program of the Robert Wood (Aug. 9, 2013). Johnson Foundation Panelist, Creating and Designing an Effective Course or Seminar, Southeastern Association of Law Schools, Palm Publications: Beach, FL (Aug. 6, 2013). Legal Regulation of Health-Related Behavior: A Half-Century of Panelist, Therapeutic Value: Expanding Access to Hospice Care Public Health Law Research, ANNUAL REV. OF L. & SOC. SCI. as a High-Relative-Value End-of-Life Option, 33rd Congress of (forthcoming 2013) (with E. D. Anderson), Temple University the International Academy of Law & Mental Health, Amsterdam, Legal Studies Research Paper No. 2013-19, available at The Netherlands (July 15, 2013). http://ssrn.com/abstract=2233603 or Panelist, Health Care Reform: What Progress Has Been Made http://dx.doi.org/10.2139/ssrn.2233603. for People Who Use the Health Care System the Most -- Those PUBLIC HEALTH LAW RESEARCH: THEORY AND METHODS (A. C. Requiring Palliative Care, Including Hospice Care, American Wagenaar & S. Burris eds., 2013). Society of Law, Medicine & Ethics Health Law Professors Conference, Newark, NJ (June 6, 2013). Conference Announcement: Decoding the ACA for Interprofessional Practice, NSU’s The Public Health Law Research 2014 Annual Meeting will be Interprofessional Program, College of Osteopathic Medicine, Ft. held January 15-17, 2014 in Atlanta, Georgia. The meeting’s Lauderdale, FL (Feb. 28, 2013). theme is “Measuring what Matters.” The PHLR Annual Meeting Health Care Reform: A Look Back and a Look Forward, Palm provides a forum for current PHLR grantees and others Beach County Health Department Public Health Seminar, West interested in the field to share research progress and findings, Palm Beach, FL (Feb. 14, 2013). discuss methodological concerns and innovations, and identify Panelist, Health Law 2013-2014, University of Nevada, Law effective means through which to disseminate research results Vegas, Las Vegas, NV (Feb. 11, 2013). 5

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with Wylie Burke, Armand H. Matheny Antommaria, Robin) ۩ Bennett et al.), available at doi: 10.1038/gim.2013.113. R. Alta Charo Mandatory Extended Searches in All Genome Warren P. Knowles Professor of Law & Bioethics, University of Sequencing: “Incidental Findings,” Patient Autonomy, and Wisconsin Law School Shared Decision-making, 310(4) JAMA 367 (2013) (with Lainie F. Ross & Mark A. Rothstein). Grants, Honors, Awards: Stakeholder Engagement: a Key Component of Integrating On October 21, Professor Charo was awarded the 2013 Adam Genomic Information into Electronic Health Records, 15(10) Yarmolinsky Medal by the National Academies' Institute of GENETICS IN MED 792 (2013) (with A. Hartzler, C. A. McCarty, L. Medicine. It recognizes distinguished service by an IOM V. Rasmussen et al.). member who, over a significant period of time, has contributed Ethical, Legal and Social Implications of Incorporating Genomic in multiple ways to the mission of the Institute of Medicine. Information into Electronic Health Records, 15(10) GENETICS IN MED 810 (2013) (with Ribhi Hazin, Kyle B. Brothers, Bradley A. .(.Malin et al ۩ Ethical and Practical Challenges to Studying Patients Who Opt- out of Large-Scale Biorepository Research, J. AM. MED. Ellen Clayton INFORMATICS ASSOC. (Epub ahead of print, 2013) (with S. Trent Craig-Weaver Professor of Pediatrics, Vanderbilt Medical Rosenbloom, Jennifer L. Madison, Kyle B. Brothers, et al.), School; Professor of Law, Vanderbilt Law School available at doi: 10.1136/amiajnl-2013-001937. Executive Committee and the Report Review Committee and Genetics and Ethics in Pediatrics, in MEDICAL GENETICS IN Chair of the Board on Population Health & Public Health PEDIATRIC PRACTICE 299 (Robert Saul ed., 2013) (with Michelle Practice, Institute of Medicine. Huckaby Lewis). Data Re-identification: Societal Safeguards, 339 SCIENCE 1032 Grants, Honors, Awards: (2013) (with R. B. Altman, I. S. Kohane, B.A. Malin & D. M. Awarded the David Rall Medal, which is given to an IOM Roden). member who has demonstrated distinguished leadership as The OHRP and SUPPORT, 368 NEW ENG. J. MED. e36 (2013) chair of a study committee or other such activity, showing (with Benjamin S. Wilfond, David Magnus, Armand H. commitment above and beyond the usual responsibilities of the Antommaria, et al.). position. Presentations: Publications: How Should We Use Genomic Information for Primary COMMITTEE ON THE COMMERCIAL SEXUAL EXPLOITATION AND SEX Prevention?, 2013 Research Education Symposium: Life at the TRAFFICKING OF MINORS IN THE UNITED STATES, INSTITUTE OF Interface of Genomics & Clinical Care, University of Michigan, MEDICINE, CONFRONTING COMMERCIAL SEXUAL EXPLOITATION AND Ann Arbor, Mich. (Mar. 2013). SEX TRAFFICKING OF MINORS IN THE UNITED STATES (2013). The Role of Bioethicists in Policy Formation, Greenwall Fellows Return of Research Results from Genomic Biobanks: Cost Meeting, Chicago, Ill. (May 2013). Matters, 15(2) GENETICS IN MED. 159 (2013) (with Marianna J. Ethical and Community Perspectives: The Need for Community Bledsoe, Amy L. McGuire, William E. Grizzle, et al.). Consultation in Biospecimen Collection, 2013 Biospecimen Mapping the Incidentalome: Quantifying Incidental Findings Science and Cancer Health Disparities Conference, Johns Generated Through Clinical Pharmacogenomics Testing, 15(5) Hopkins Center to Reduce Cancer Disparities and Meharry GENETICS IN MED. 325 (2013) (with Matthew J. Westbrook, M. Medical College, Nashville, Tenn. (July 2013). Frances Wright, Sara L. Van Driest, et al.). Who Should Decide About Genetic Testing in Kids? A Managing Incidental Genomic Findings: Legal Obligations of Response to the ACMG, Pediatrics Bioethics Seminar, Seattle Clinicians, 15 GENETICS IN MED. 624 (2013) (with Susanne Haga, Children’s Hospital, Seattle, Wash. (Oct. 2013). Patricia Kuszler, Emily Bane, et al.). Lessons Learned from Biobanking, Treuman Katz Lecture, Seeking Genomic Knowledge: The Case for Clinical Restraint, Seattle Children’s Hospital, Seattle, Wash. (Oct. 2013). 64(6) HASTINGS L.J. 1649 (2013) (with Wylie Burke & Susan Testimony at the IOM about the Recombinant DNA Advisory Brown Trinidad). Committee. Patient Awareness and Approval for an Opt-Out Genomic Biorepository, PERSONALIZED MED. (in press, 2013) (with Kyle B. Other Professional Activities: Brothers, Matthew J. Westbrook, M. Frances Wright, et al.). Director, Paediatric Platform of P3G. Let’s Ask Better Questions, GENETICS IN MED. (Epub ahead of ۩ :print, 2013) (with Susan E. Kelly), available at doi 10.1038/gim.2013.68. Premature Guidance About Whole Genome Sequencing, 10(6) PERSONALIZED MED. 523 (2013) (with Lainie F. Ross & Mark A. Rothstein). Recommendations for Returning Genomic Incidental Findings? We Need to Talk?, GENETICS IN MED (Epub ahead of print, 2013)

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research, which has included several trips overseas to visit I. Glenn. Cohen centers of medical tourism. Professor of Law, Harvard Law School and Co-Director, Petrie- Flom Center for Health Law Policy, Biotechnology, and ۩ Bioethics

Promotion: Carl H. Coleman It has been an exciting and productive year for Professor I. Professor of Law & Academic Director, Division of Online Glenn Cohen, first and foremost with his promotion to Professor Learning, Seton Hall Law School of Law by a vote of the faculty in the spring of 2013. He had previously served as Assistant Professor of Law since 2008. Publications: Improving the Quality of Host Country Ethical Oversight of Publications: International Research: The Use of a Collaborative “Pre- THE GLOBALIZATION OF HEALTH CARE: LEGAL AND ETHICAL Review” Mechanism for a Study of Fexinidazole for Human CHALLENGES (2013). African Trypanosomiasis (in press). Can you Buy Sperm Donor Identification? An Experiment,10 J. WORLD HEALTH ORGANIZATION, ETHICAL ISSUES IN PATIENT SAFETY EMPIRICAL LEGAL STUDIES __ (forthcoming 2013) (co-authored RESEARCH (2013). with Travis Coan). Ethical and Legal Implications of the Risks of Medical Tourism Presentations: for Patients: A Qualitative Study of Canadian Health and Safety Business Ethics and Healthcare Compliance, International Representatives’ Perspectives, 3 BRITISH MED. J. OPEN e002302 Society of Healthcare Ethics and Compliance Professional, (2013) (co-authored with Valorie A. Crooks, Leigh Turner, Janet London (Sept. 2013). Bristeir, Jeremy Snyder, Vicky Casey, Rebecca Whitmore). Developing Quality Indicators for Research Ethics Systems, Made-to-Order Embryos for Sale – A Brave New World?, 368 University of Toronto Joint Centre for Bioethics, Toronto (July NEW ENG. J. MED. 2517 (2013) (co-authored with Eli Adashi) 2013). (peer-reviewed). Measuring IRB Effectiveness, ASLME Health Law Professors Medical Tourism: Bioethical and Legal Issues, in ROUTLEDGE Conference, Newark (June 2013). COMPANION TO BIOETHICS (John D. Arras et al. eds, forthcoming Compliance as a Profession, International Pharmaceutical 2013). Compliance Congress and Best Practices Forum, Madrid (May Medical Tourism for Services Legal in the Home and 2013). Destination Country: Legal and Ethical Issues, in BODIES Intellectual Property and Global Public Health, Executive ACROSS BORDERS: THE GLOBAL CIRCULATION OF BODY PARTS, Course on Intellectual Property, Diplomacy and Global Public MEDICAL TOURISTS AND PROFESSIONALS (Brownyn Parry et al. eds, Health, Geneva (Feb. 2013). forthcoming 2013). Of Modest Proposals and Non-Identity: A Comment on The Other Professional Activities: Right to Know Your Genetic Parents, 13 AM. J. BIOETHICS 45 Completed a three-year appointment as a member of the (2013) (peer reviewed). Secretary’s Advisory Committee on Human Research Transplant Tourism: The Ethics and Regulation of International Protections (SACHRP), U.S. Dep’t of Health & Human Servs. Markets for Organs, 41 J. L. MED. & ETHICS 269 (2013) (peer- reviewed) (solicited). ۩ When Potential Does Not Matter: What Developments in

Cellular Biology Tell Us About the Concept of Legal Personhood, 13 AM. J. BIOETHICS 38 (2013) (co-authored with Nathan Cortez Jonathan Will and Eli Adashi) (peer reviewed). Associate Professor & Associate Dean for Research, SMU Law Conscientious Objection, Coercion, the Affordable Care Act, School and U.S. States, 19 ETHICAL PERSPECTIVES 163 (2013) (peer- reviewed) (solicited). Promotion: Named Associate Dean for Research. Other Professional Activities: This year Professor Cohen concluded his one year fellowship Publications: with the Radcliffe Institute for Advanced Studies, where he Do Graphic Tobacco Warnings Violate the First Amendment?, conducted research into medical tourism for his upcoming book 64 HASTINGS L.J. 1467 (2013). on the subject. He remains affiliated with the Institute as an Cross-Border Health Care and the Hydraulics of Health Reform, advisor. in THE GLOBALIZATION OF HEALTH CARE: LEGAL AND ETHICAL ISSUES 65-82 (2013). Professor Cohen also continued his work with the Greenwall Foundation as their Faculty Scholar in Bioethics as part of a Presentations: multi-year fellowship that will conclude in 2015. The Fellowship Three Decades of FDA Software Regulation, Radcliffe Institute grants funding to allow Professor Cohen to devote time to for Advanced Study, Harvard University (Sep. 20, 2013).

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Innovations without Clear FDA Regulatory Precedents, Radcliffe Bioethics Update, Annual Health Law Professors Conference, Institute for Advanced Study, Harvard University (Sep. 20, Seton Hall School of Law. 2013). Reproductive Justice and the New Eugenics, Reproductive Is the FDA Equipped to Regulate Mobile Health?, FDA in the Justice Conference, University of Michigan Rackham Graduate 21st Century, Harvard Law School (Jun. 5, 2013). School. The Legal Ambiguities of Medical Tourism, Medical Markets: Family Formation through Reproductive Technologies, Kaiser Emerging Issues in Global Health and Commerce, Univ. of Permanente Medical Systems LGBT Health Forum. North Carolina at Chapel Hill, School of Law (Feb. 1, 2013). The Law and Ethics of PGD for Sex Selection, European Society of Human Reproduction and Embryology/ASRM Joint .Congress ۩ The New Eugenics, Faculty Colloquium, Thomas Jefferson School of Law. Mary Crossley Professor of Law, University of Pittsburgh Other Professional Activities: Visiting Professor at UCI School of Law, Spring 2013. Grants, Honors, Awards: Vice-Chair, ABA Section on Real Property, Trusts and Estates In July 2013, I spent four weeks at the San Francisco Bioethics Committee. Department of Public Health as a Scholar in Residence, as part Member, American Society for Reproductive Medicine Ethics of a fellowship program sponsored by the Network for Public Committee. Health Law and the Robert Wood Johnson Foundation. Member, UCI Medical Center, Medical Ethics Committee.

۩ :Publications Giving Meaning to "Meaningful Access" to Medicaid Managed Care, 102 KY. L.J. __ (forthcoming). Some Things are Better Left Unsaid: The Argument the Solicitor Camille M. Davidson General Didn't Make in NFIB v. Sebelius, JOTWELL, Apr. 2013, Associate Dean of Academic Services and Faculty at http://health.jotwell.com/. Development, Charlotte School of Law

Presentations: Promotion: Giving Meaning to "Meaningful Access" to Medicaid Managed I was appointed August 1 to position of Associate Dean of Care, AALS Annual Meeting, Disability Law Section (Jan. 2013). Academic Services and Faculty Development. Advances in Human Genetics and the Meaning of Public Health: A Lawyer's Observations, Department of Human Genetics Publications: departmental retreat, University of Pittsburgh Graduate School What’s Love Got to Do With It?: Examining Domestic Violence of Public Health (Sept. 2013). as a Public Health Issue Using Their Eyes Were Watching God, 81(4) U.M.K.C. L. REV. 867 (2013). ۩ ۩ Judith Daar Professor of Law, Whittier Law School Kelly Dineen Assistant Professor of Health Law & Ethics, Saint Louis Grants, Honors, Awards: University School of Law Recipient of the Suheil J. Muasher, M.D. Distinguished Service Award, awarded by the American Society for Reproductive Promotion: Medicine. Appointed to Assistant Professor of Health Law & Ethics.

Publications: Grants, Honors, Awards: REPRODUCTIVE TECHNOLOGIES AND THE LAW (2d ed. 2013). Women’s Justice Award Recipient-2013, Legal Scholar. Pending Sperm Donor Bill Threatens to Undo Family Ties, L.A. DAILY J., July 10, 2013. Publications: Who Chooses? Allocating Abortion Rights During Surrogacy, Moral Disengagement of Medical Providers: Another Clue to the L.A. DAILY J., Mar. 13, 2013. Continued Neglect of Treatable Pain, 13 HOUS. J. HEALTH L. & Sperm Donation as Risky Business, L.A. DAILY J., Jan. 16, 2013. POL’Y 1 (2013). Legal Issues in Critical Care, in Linda D. Urden, Kathleen M. Presentations: Stacy & Mary E. Lough, CRITICAL CARE NURSING: DIAGNOSIS AND Addressing Duties and Harms to ART Offspring, Symposium on MANAGEMENT (7th ed. 2013). Law & Policy of Reproductive Technologies, University of Commentary, Patients as Victims, in C. Dellasega & R. Volpe, Minnesota School of Law. TOXIC NURSING: MANAGING BULLYING, BAD ATTITUDES AND TOTAL TURMOIL (2013). 8

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Presentations: Consent, Teenagers, and (un)Civil(ized) Consequences in Stigma and Autism Spectrum Disorders, Health Law Professors CHILDREN, SEX AND THE LAW [draft title] (Ellen Marrus, ed., NYU Conference, Seton Hall (June 2013). Press, forthcoming 2013). Wake Up and Smell the Starbucks Coffee: How Doe v. Other Professional Activities: Starbucks Confirms the End of the “Age of Consent” in Co-investigator in empirical research project entitled Return of California and Perhaps Beyond, 33 B.C. J.L. & SOC. JUST. 1 Genetic Results in a Community Based Study. (2013) (lead article). Fifty Shades of Sex in the Office, Women & Soc. Movements in ,the U.S., 1600-2000 (March 2013) (reviewing JULIE BEREBITSKY ۩ SEX AND THE OFFICE: A HISTORY OF GENDER, POWER, AND DESIRE (2012)) Rebecca Dresser Daniel Noyes Kirby Professor of Law, Professor of Ethics in Presentations: Medicine, Washington University in St. Louis Discussion Panelist, Will Neuroscience Redefine Mental Injury? IU McKinney School of Law and School of Medicine Publications: Conference, Indianapolis, Indiana (anticipated October 4, 2014). Subversive Subjects: Rule-Breaking and Deception in Clinical Presenter, Legal Catalysis, Gruter Institute for Law & Behavioral Trials, __ J. L. MED. & ETHICS __ (forthcoming Winter 2013). Research, Squaw Valley Conference, Squaw Valley, California Personal Knowledge and Study Participation, __ J. MED. ETHICS (May 21, 2013). __ (2013) (published online first at doi:10.1136/medethics- Presenter, Exposing the Myth of Consent: Strictures from 2013-101390). Neuroscience, Economics, and Relational Contracting, Society Pre-Emptive Suicide, Precedent Autonomy and Preclinical for the Evolutionary Analysis of Law ("SEAL") Scholarship Alzheimer Disease, J. MED. ETHICS __ (2013) (published online Conference, Philadelphia, Pennsylvania (April 6, 2013). first at doi10.1136/medethics-2013-101615). Panelist, Exposing the Myth of Consent: Strictures from A Terrifying Truth, 3(1) NARRATIVE INQUIRY IN BIOETHICS 10 Neuroscience, Economics, and Relational Contracting, Society (2013). of Socio-Economists Annual Meeting, New Orleans, Louisiana Drug Compounding, Drug Safety, and the First Amendment, 43 (January 3, 2013). HASTINGS CTR. REP. 9 (2013). ۩ Presentations: Patients’ Perspectives on Cancer Ethics, Fairbanks Ethics Lecture, Indiana University Health, Indianapolis, Sept. 4, 2013. Jean Eggen Clinical Ethics, Institute of Medicine Committee on Approaching Distinguished Professor of Law, Widener University School of Death: Addressing Key End-of-Life Issues, Baylor College of Law – Delaware Medicine, Houston, Texas, July 22, 2013. Cancer Ethics: The Teachings of Personal Experience, Keynote Grants, Honors, Awards: Address, Intensive Workshop in Health Care Ethics, University Best Paper Award, ABA Section on Environment, Energy & of Arkansas College of Medicine, Little Rock, May 3, 2013. Resources 21st Fall Conference. Paternalism vs. Partnership in Genetic Research, Annual Conference, Association for the Accreditation of Human Publications: Research Protection Programs, Miami Florida, Apr. 5, 2013. Being Small in a Supersized World: Tackling the Problem of Low-Level Exposures in Toxic Tort Actions, CLE Materials, ABA Other Professional Activities: Section on Environment, Energy and Resources 21st Fall Board of Directors and Vice-Chair, Fellows Council, The Conference. Hastings Center, 2012-2014. Navigating Between Scylla and Charybdis: Preemption of National Institutes of Health Recombinant DNA Advisory Medical Device “Parallel Claims”, 9 J. HEALTH & BIOMED. L. 159 Committee, 2011-2015. (2013). Medical Malpractice Screening Panels: An Update and .(Assessment, 6 J. HEALTH & LIFE SCI. L. 1 (2013 ۩

Presentations: Jennifer Drobac Less is More? The Expanding Universe of Low-Level Toxic Tort Professor of Law, Indiana University Robert H. McKinney Claims, ABA Section on Environment, Energy and Resources School of Law 21st Fall Conference (Oct. 2013).

۩ :Publications WORLDLY BUT NOT YET WISE: THE SEXUAL HARASSMENT OF TEENAGERS, THEIR “DEVELOPING CAPACITY,” AND THE LAW’S RESPONSE (University of Chicago Press, forthcoming 2014).

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Presentations: Linda Fentiman Federal Policy on Dual-Use Research of Concern in the Life Professor of Law, Pace University Law School Sciences, ASLME Health Law Professors Conference, Seton Hall University School of Law (June 2013). Publications: Overseeing DURC: Lessons from the Regulation of Human Sex, Science, and the Age of Anxiety, forthcoming 92(3) NEB. L. Subjects Research, Saint Louis University School of Law 25th REV. (forthcoming). Annual Health Law Symposium (Feb. 2013). Are Mothers Hazardous to their Children's Health: Law, Culture, ۩ .(and the Framing of Risk, 21 VA. J. SOC. POL’Y & L. (forthcoming

Presentations: The 'Good Mother' and Crimes of Omission: How the Social Paul Gianelli Construction of Risk and American Criminal Law Principles Albert J. Weatherhead III and Richard W. Weatherhead Make It More Likely That Mothers, Rather Than Fathers, Will Be Professor; Distinguished University Professor, Case Western Prosecuted for Failing to Prevent Their Partners' Abusive Acts, Reserve University School of Law AALS Mid-Year Workshop on Criminal Justice, San Diego (June 2013). Publications: UNDERSTANDING EVIDENCE (Lexis Co. 4th ed. 2013) (Government Interference, 27 CRIMINAL JUSTICE 40 (Winter 2013 ۩ Junk Science and the Execution of an Innocent Man, 7 NYU J. Deborah L. Forman LAW & LIBERTY 221 (2013) OHIO JUVENILE LAW (West Co. 2013) (with Salvador) Professor, Whittier Law School OHIO EVIDENCE HANDBOOK (West Co. 2013) OHIO CRIMINAL LAWS AND RULES (West Co. 2013) (with Katz) Publications: 2013 SUPPLEMENT, SCIENTIFIC EVIDENCE (Lexis Co. 5th ed. 2012) Embryo Disposition, Divorce & Family Law Contracting: A Model (with Imwinkelried, Roth & Moriarty (2 volumes) for Enforceability, 24 COLUM. J. GENDER & L. 378 (2013). Government Interference, 27 CRIMINAL JUSTICE 40 (Winter 2013)

۩ ۩

Jacqueline Fox Marc Ginsberg Associate Professor, University of South Carolina School of Law Assistant Professor, The John Marshall Law School (Chicago)

Grants, Honors, Awards: Publications: 2012-2013 Faculty of the Year, USC School of Law The Locality Rule Lives! Why? Using Modern Medicine to Eradicate an “Unhealthy” Law, 61 DRAKE L. REV. 321 (2013). Publications: The Confrontation Clause and Forensic Autopsy Reports—A Death Panels and the IPAB, ADMIN. L. REV., (forthcoming 2014). “Testimonial”, __ LA. L. REV. __ (forthcoming 2013). Book Review, J. LEGAL MED. (forthcoming 2014) (reviewing ۩ .((JONATHAN HERRING, CARING AND THE LAW (2013 ۩ Leonard Glantz Rob Gatter Professor, Boston University Professor of Law, Co-Director, Center for Health Law Studies ۩ Grants, Honors, Awards: Faculty Excellence Award, Saint Louis University. Lawrence O. Gostin Publications: Founding Linda and Timothy O’Neill Chair in Global Health Law Regulating Dual-Use Research to Preserve Public Trust, 7 ST. at Georgetown University; University Professor; Faculty LOUIS U. J. HEALTH L. & POL’Y __ (forthcoming 2014). Director, O’Neill Institute on National and Global Health Law; Flu, Ferrets, and Unfettered Science: Regulatory Oversight of Director, World Health Organization Collaborating Center on Pandemic Influenza Research (completed manuscript). Public Health Law & Human Rights The New Global Framework for Pandemic Influenza Virus and Vaccine Sharing, in GLOBALIZATION OF HEALTH CARE: LEGAL AND Publications: ETHICAL CHALLENGES 272 (Glenn Cohen ed., 2013). LAWRENCE O. GOSTIN, GLOBAL HEALTH LAW (Harvard University Press, Forthcoming February, 2014).

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LAWRENCE O. GOSTIN, PETER D. JACOBSON, DAVID STUDDERT, Learning Initiative on National and Global Responsibilities for DAVID HYMAN, LAW AND THE HEALTH SYSTEM (Foundation Press, Health (http://www.jalihealth.org), is being expanded to Casebook Series, Forthcoming 2014). encompass all supporters of this ambitious proposal, from civil JOS M. ZUNIGA, STEPHEN P. MARKS, & LAWRENCE O. GOSTIN, society to academics, governments, and international ADVANCING THE HUMAN RIGHT TO HEALTH (Oxford University organizations, including UNAIDS. This next stage, the Press, 2013). International Campaign, will seek to gain broad civil society Lawrence O. Gostin & Eric A. Friedman, Towards a Framework support for the FCGH, as well as the support of governments, Convention on Global Health: A Transformative Agenda for while continuing the process of developing the content of this Global Health Justice, 13(1) YALE J. HEALTH POLICY, LAW, & treaty, with its immense potential to advance the right to health ETHICS 1-75 (2013). for all people. Eric A. Friedman, Jashodhara Dasgupta, Alicia E. Yamin, ۩ Lawrence O. Gostin, Realizing the Right to Health through a Framework Convention on Global Health? A Health and Human Rights Special Issue, 15(1) HEALTH & HUMAN RIGHTS: AN INTERNATIONAL JOURNAL 1-4 (June 2013). Thomas (Tim) Greaney Eric A. Friedman, Lawrence O. Gostin, Kent Buse, Advancing Chester A. Myers Professor of Law; Co-Director Center for the Right to Health Through Global Organizations: The Potential Health Law Studies, Saint Louis University School of Law Role of a Framework Convention on Global Health, 15(1) HEALTH & HUMAN RIGHTS: AN INTERNATIONAL JOURNAL 71-86 (June Publications: 2013). HEALTH LAW, CASES, MATERIALS, AND PROBLEMS (7th ed. 2013) Who Owns Human Genes? Is DNA Patentable? 310 JAMA. (with Furrow, Johnson, Jost & Schwartz). 791-92 (2013). Regulators as Market-Makers: Accountable Care Organizations “Enhanced, Edgier”: A Euphemism for “Shame and and Competition Policy, 42 ARIZ. ST. L. J. (forthcoming 2013). Embarrassment”?, 43(3) HASTINGS CENTER REPORT 3-4 (2013). Controlling Medicare Costs: Moving Beyond Inept Administered PEPFAR’s Antiprostitution “Loyalty Oath”: Politicizing Public Pricing and Ersatz Competition, 6 ST. LOUIS U. J. HEALTH L. & Health, 43(3) HASTINGS CENTER REPORT 11-12 (2013). POLICY 229 (2013). Emily Whelan Parento & Lawrence O. Gostin, Better Health, But Less Justice: Widening Health Disparities after National Presentations: Federation of Independent Business v. Sebelius, 27 NOTRE Testimony before the Judiciary Committee, U.S. House of DAME J. LAW, ETHICS & PUBLIC POLICY 481-512 (2013). Representatives, on Consolidation in the Health Care Industry, Lawrence O. Gostin, Gillian J. Buckley, Patrick W. Kelley, (Sept. 9, 2013). Stemming the Global Trade in Falsified and Substandard Dissecting Clinical Integration, American Health Lawyers 2013 Medicines, 309(16) JAMA 1693-94 (2013). Annual Meeting (June 2013). Gillian F. Buckley, Jim E Riviere, Lawrence O. Gostin, What to Medicare, ACOs and Efforts to Bend the Cost Curve, ASLME do About Unsafe Medicines? 347 BRITISH MED. J. f5064 (2013). Health Law Teachers Meeting (June 2013). Bryan P. Thomas & Lawrence O. Gostin, Tobacco Endgame Strategies: Challenges in Ethics and Law, 22 TOBACCO CONTROL Program News & Events: i55-i57 (2013). Annual Health Law Symposium: Regulating Dual-Use Research Bryan P. Thomas & Lawrence O. Gostin, Tackling the Global in Life Sciences (Feb. 2013). NCD Crisis: Innovations in Law and Governance, 41 J. L., MED. Center for Health Law 30th Anniversary Symposium, (Paul Starr & ETHICS 16-27 (2013). Keynote Speaker) (Oct. 2012). Katherine L. Record & Lawrence O. Gostin, A Systematic Plan ۩ .(for Firearms Law Reform, 309(12) JAMA 1231-31 (2013 Devi Sridhar, Claire E. Brolan, Shireen Durrani, Jennifer Edge, Lawrence O. Gostin, Peter Hill, Martin McKee, Recent Shifts in Kate Greenwood Global Governance: Implications for the Response to Non- Research Fellow and Lecturer in Law, Center for Health & communicable Diseases, 10(7) PLOS MED: e1001487. Pharmaceutical Law & Policy and Faculty Editor, Health Reform

Watch Blog, Seton Hall University School of Law Presentations:

United Nations and Global Colloquium of University Presidents, Publications: The Sustainable Development Goals, New York University, “Litigant Regulation” of Physician Conflicts of Interest, __ GA. L. March 13-14, 2013, hosted by UN Secretary-General Ban ki REV. __ (forthcoming). Moon. The Op-Ed: Time to Mind the Generic Safety Gap, PHARMALOT, Jan. 14, 2013 (quoted). Significant Professional Activities: Melissa Maleske, 2nd Circuit Decision Throws FDA’s Drug The International Campaign for a Framework Convention on Misbranding Cases into Question, INSIDE COUNSEL, Jan. 28, Global Health. The FCGH is a proposed global treaty that 2013 (quoted). would be based in the right to health and aimed at closing Ed Silverman, Pfizer Can Be Sued for Injury Caused by national and global health equities. A campaign for the treaty Generic, PHARMALOT, Jan. 14, 2013 (quoted). first initiated by an international coalition, the Joint Action and 11

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Jared Kaltwasser, Lawmakers: Cure for Safety Concerns is New Emerging Technologies, Arizona State University, Chandler, Regulation, NJ BIZ, Jan. 7, 2013 (quoted). Arizona (May 2013). Mina Kimes, Big Pharma and Unfiltered Speech: A Dangerous Regulatory Competitive Shelters—An Emerging Class of Prescription, CNN MONEY, Jan. 2, 2013 (quoted). Intellectual Property, Works-in-Progress in Intellectual Property (WIPIP) Colloquium, Seton Hall University School of Law, Presentations: Newark, New Jersey (Feb. 2013). Calibrated Incentives for Orphan Drug Development: Time to Panelist, Patentable Subject Matter: What’s Patentable Today Experiment?, The Food and Drug Administration in the 21st May Not Be Patentable Tomorrow, 2013 Southeastern Century Conference, Petrie-Flom Center for Health Law Policy, Association of Law Schools (SEALS) Conference, West Palm Biotechnology, and Bioethics, Harvard Law School, Cambridge, Beach, Florida (Aug. 2013). Mass. (May 4, 2013). Discussant, Intellectual Property Boot Camp, University of New Are Generic Drugs Getting a Free Pass?, The American Law Hampshire Law School, Holderness, New Hampshire (June Journal Weekly Legal Television Program, Allentown, PA (Apr. 2013). 28, 2013). Moderator, Copyrighting DNA: Protecting Synthetic DNA Sequences as a Work of Authorship, Center for Law, Health and Other Professional Activities: Society, Georgia State University College of Law (Jan. 2013). Along with John Jacobi and Tara Ragone, working with the New ۩ Jersey Health Care Quality Institute and Applied Medical Software, Inc. to provide legal and public policy analysis for community groups and health care providers interested in New Jersey's Medicaid Accountable Care Organizations. This work Laura Hermer is funded by a grant from the Nicholson Foundation. Associate Professor, Hamline University School of Law

:Publications ۩ On the Uneasy Relationship Between Medicaid and Charity Care, __ NOTRE DAME J. L. ETHICS & PUB. POL’Y __ (forthcoming, Mark Hall 2013) (with Merle Lenihan). Professor, Wake Forest University Laura Hermer, Avoiding a “Death Panel” Redux, 43 HASTINGS CTR. REP. 20 (2013) (with Nichole Piemonte). Publications: Laura Hermer, “Healthy Iowa” Plan Needs a Checkup, DES New editions of “Aspen” casebooks on Health Care Law and MOINES REGISTER, March 22, 2013. Ethics (including soft-bound parts). Presentations: Other Professional Activities: From the Affordable Care Act to Aging in Place: What You Need Current Research: impact of exchanges on insurance markets, to Know as You Grow Older, AALS Section on Aging and the factors driving health insurers’ rate increases, impact of medical Law (January 4, 2014). loss ratio regulation. On the Uneasy Relationship between Medicaid and Charity Care, 36th Annual Health Law Professors’ Conference, Newark, .(New Jersey (June 7, 2013 ۩ On Ethical Duties in Tight Places, Annual Meeting of the Texas Rheumatology Society, The Woodlands, Texas (May 4, 2013). Yaniv Heled ۩ Assistant Professor, Georgia State University College of Law

Publications: Intellectual Property and Public Health – A White Paper, 7 Jessie Hill AKRON INTELL. PROP. J. (forthcoming 2013) (with Ryan G. Vacca Professor and Associate Dean for Faculty Development and et al.), available at http://ssrn.com/abstract=2259089 (including Research, Case Western Reserve University School of Law a summary of issues discussed at the Sixth Annual Intellectual Property Scholars Forum hosted by the University of Akron Publications: School of Law’s Center for Intellectual Property & Technology in Resistance to Constitutional Theory: the Supreme Court, October 2012). Constitutional Change, and the Pragmatic Moment, 91 TEX. L. REV. 1815 (2013). Presentations: Regulatory Competitive Shelters—An Emerging Class of Presentations: Administrative Properties (article reviewed by Prof. Emily Anatomy of the Reasonable Observer, Annual Law and Religion Michiko Morris), Intellectual Property Scholars Conference, Roundtable, Stanford Law School (June 2013). Cardozo Law School, New York City, New York (Aug. 2013). Gun Control and Its Limits: The Role of the 2nd Amendment, Regulatory Competitive Shelters—An Emerging Mechanism for Church of the Covenant, Cleveland Ohio (Sept.15, 2013). Encouraging Technological Innovation, Governance of Change and Dissent in Religious Organizations, The New 12

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Religious Institutionalism, DePaul University College of Law 2013 Case Western Reserve University Spotlight Series Prize (Sept. 26-27, 2013). for Women’s Scholarship.

:Publications ۩ The Use and Misuse of Biomedical Data: Is Bigger Really Better?, AM. J. OF L. & MED. (forthcoming 2013) (with Andy Diane E. Hoffman Podgurski). Professor of Law and Director, Law & Health Care Program, Big Bad Data: Law, Public Health, and Biomedical Databases, University of Maryland School of Law 41(Suppl.) J. L. MED. & ETHICS 56 (2013) (with Andy Podgurski).

Introduction to Symposium Issue on Health Data Security Publications: Systems, 12 HOUSTON J. HEALTH L. & POL’Y 87 (2012). Probiotics: Finding the Right Regulatory Balance, 342 SCIENCE 314 (2013) (with C.M. Fraser, F.B. Palumbo, J. Ravel, K. Rothenberg, V. Rowthorn & J. Schwartz). Presentations: Do Potential Changes to the Common Rule Adequately Address Health Information Technology: Does It Cure or Exacerbate New Areas of Research: A Case Study Focusing on the Human Fragmentation?, Southeastern Association of Law Schools Microbiome Project? 41 J.L. MED. & ETHICS 454 (2013) (with (SEALS) Annual Meeting, Palm Beach, Fla. (Aug. 9, 2013). Dennis Fortenberry & Jacques Ravel). Big Bad Data: Law, Public Policy, and Biomedical Databases Health Claim Regulation in the EU and the US: Which is the and Comparative Effectiveness Research, Health Law Better Approach?, 4 BENEFICIAL MICROBES 109 (2013). Professors Conference, Seton Hall Law School, New Jersey (June 7-8, 2013). Presentations: Supporting Health Data Needs for Community-Driven Change, Legal and Ethical Challenges in Large-Scale Genome National Committee on Vital and Health Statistics Roundtable, Sequencing, at Genomics and Clinical Medicine, sponsored by Washington, D.C. (May 1, 2013). Leadership Maryland and University of Maryland School of Organized, moderated, and spoke at Balancing Privacy, Medicine, Institute for Genome Sciences, Baltimore, MD (Apr. Autonomy, and Scientific Progress: Patients’ Rights and the Use 11, 2013). of Electronic Medical Records for Non-Treatment Purposes, Legal Issues in Integrative Medicine, Health Wellness Case Western Reserve University School of Law (Apr. 5, 2013). Conference, sponsored by the Center for Integrative Medicine, University of Maryland Baltimore, Baltimore, MD (May 4, 2013). Moderator, Public Health and the Learning Health System, A Modified Private Right of Action for False or Misleading Health invitation-only Network for Public Health Law National Meeting, Claims under the Food Drug and Cosmetic Act of the Federal University of Michigan (Mar. 12, 2013). Trade Commission Act: Would it Help?, Annual Health Law ۩ Professors Conference, Seton Hall Law School, Newark, NJ (June 7, 2013). An Interdisciplinary Global Health Learning Project in Malawi, Sarah Hooper Annual Health Law Professors Conference, Seton Hall Law Assistant Director & Adjunct Professor of Law, UC Hastings School, Newark, NJ (June 7, 2013). College of Law The U.S. Legal Response to HIV: Public Health and Discrimination, University of Malawi, Chancellor College of Law, ۩ Zomba, Malawi (June 19, 2013).

Other Professional Activities: Jill Horwitz Appointment, Member, Maryland Stem Cell Research Fund Professor of Law, UCLA School of Law Commission. New Appointment: I recently moved from University of Michigan School of Law to ۩ UCLA School of Law.

Sharona Hoffman Publications: Edgar A. Hahn Professor of Jurisprudence; Professor of Expansion of Invasive Cardiac Services in the United States, Bioethics; Co-Director, Law-Medicine Center; Case Western 108 CIRCULATION 803 (2013) (with Austin Nichols, Brahmajee K. Reserve University School of Law Nallmothu, Camilla Sasson & Theodore J. Iwashyna). Wellness Incentives in the Workplace: Cost Savings through Grants, Honors, Awards: Cost Shifting to Unhealthy Workers, 32(3) HEALTH AFFAIRS 468 2013 – Selected for one of six inaugural Scholar in Residence (2013) (with Brenna D. Kelly & John DiNardo). Fellowships awarded by the Robert Wood Johnson Toward a Scientific Approach to Workplace Wellness: A Foundation’s Public Health Law Network. Worked with the Response to Ron Goetzel, HEALTH AFFAIRS BLOG, July 1, 2013 Oregon Health Authority on the regulation of in-home care (with John DiNardo, & Brenna Kelly). agencies. 13

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Presentations: Other Professional Activities: Workplace Wellness: Health Improving or Cost-Shifting?, Contributing Editor, Healthlawprof Blog. Congressional Briefing Sponsored by the Alliance for Health Contributing Editor, Jotwell Health. Reform, Washington, D.C. (May 31, 2013). ۩ Key Note Speech, The Latest, Greatest Magic Bullet: Personal Responsibility, Health and Health Spending, Canadian Health Economists Study Group, University of Manitoba, Winnipeg, Manitoba (May 23, 2013). John V. Jacobi The Dynamic Role of States in Nonprofit Healthcare, Columbia Dorothea Dix Professor of Health Law & Policy and Faculty Law School Charities Regulation Policy Conference (Feb. 8, Director of the Center for Health & Pharmaceutical Law & 2013). Policy, Seton Hall University School of Law

Grants, Honors, Awards: Along with Kate Greenwood and Tara Ragone, working with the ۩ New Jersey Health Care Quality Institute and Applied Medical Nicole Huberfeld Software, Inc. to provide legal and public policy analysis for community groups and health care providers interested in New H. Wendell Berry Professor of Law, University of Kentucky Jersey's Medicaid Accountable Care Organizations. This work College of Law is funded by a grant from the Nicholson Foundation.

Publications: Publications: Where There Is a Right, There Must Be a Remedy (Even in Medicaid Evolution for the 21st Century, KENTUCKY L. J. (in Medicaid), 102 KY. L. J. __ (forthcoming 2013). press). With Liberty and Access for Some: The ACA’s Disconnect for

Women’s Health, 40 FORDHAM URB. L. J. 1357 (2013). Presentations: Heed Not the Umpire (Justice Ginsburg Called NFIB), 15 U. PA. Legal Issues: HCP Vaccine Mandates: Solutions, Options, J. CONST. L. HEIGHT. SCRUTINY 43 (2013). Challenges Ahead, NYU Langone Medical Center. Plunging into Endless Difficulties: Medicaid and Coercion in the Gun Violence and Public Health Law, New Jersey Association Healthcare Cases, 93 B.U. L. REV. (2013) (with Leonard & of County and City Health Officials Program, Hamilton, New Outterson). Jersey. Health Care: Legal Issues, in INT’L ENCYCLOPEDIA OF SOCIAL & Panelist, NJ's Health Insurance Exchange: Ready to Launch? In BEHAVIORAL SCIENCE (2d ed., forthcoming 2013). New Jersey: State of Health 2013, Council on State Public Reproductive Rights, in PROBLEMS IN HEALTH CARE LAW ch. 14 Affairs, Hamilton, New Jersey. (10th ed., 2013). Medicaid in a Health Care Desert, Medicaid Matters, University

of Kentucky Law School, Lexington, Kentucky Presentations: Health Reform: Advocacy in an FFE World, Law and Disability Hot Topic Panel: The NFIB Medicaid Decision: Interpretation Issues, New Jersey State Bar Foundation Panel: Health and Implications, Plunging into Endless Difficulties: Medicaid Reform: Implementation and Exchanges, New Brunswick, New and Coercion in National Federation of Independent Business v. Jersey. Sebelius, AALS Annual Meeting (Jan. 2013). State Health Options: Advancing Access Under the ACA, State Presenter, Reproductive Justice Symposium: Race, Health Reform, Suffolk University Law School, Boston Reproduction, and Social Justice, Context for Legislative Massachusetts. Barriers to Reproductive Healthcare (Jan. 2013). New Jersey Health Reform, Health Care Reform: State of the Distinguished Speaker, St. Louis University School of Law, States Roundtable, University of Maryland Law School, Plunging into Endless Difficulties: Medicaid after NFIB (Jan. Baltimore, Maryland. 2013). Gun Violence and Public Health Law, University of Medicine Organizer & Presenter, Medicaid Matters Workshop, With and Dentistry, School of Public Health, Piscataway, New Jersey. Liberty and Access for Some: The ACA’s Women’s Health Global Perspectives on a Right to Health Care, Comparative Disconnect (Mar. 2013). Universal Coverage Efforts & Expanding Access to Health Care, Presenter, Demi Plenary Panel: NFIB, Medicaid, and Loyola University Chicago School of Law, Chicago, Illinois. Federalism, Healthcare As a Vehicle for Constitutional Change:

Take 2; Presenter, Panel: Making a Better Safety Net, ۩ Medicaid’s Remedy Problem; ASLME Health Law Professors Conference (June 2013). Labor & Employment Law Discussion Group, presenter: Rights Must Have Remedies; Organizer & presenter, Research Deans’ Discussion Group; Health Law Discussion Group, presenter: Three Theories of the Medicaid Expansion, Southeastern Association of Law Schools Annual Meeting (Aug. 2013).

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Publications: Jonathan Kahn Per Se Unreasonableness, The Golden Rule, and the Future of Professor, Hamline University School of Law DNA Databases, 127 HARV. L. REV. F. (forthcoming 2013). A Brief of Genetics, Genomics and Forensic Science Grants, Honors, Awards: Researchers in Maryland v. King, 53 JURIMETRICS J. My book, "Race in a Bottle: The Story of BiDil and Racialized (forthcoming 2013). Medicine in a Post-Genomic Age" (Columbia 2012) was recently The Dictionary and the Database, 53 JURIMETRICS J. awarded Honorable Mention by the American Political Science (forthcoming 2013). Association for Best Book on Race, Ethnicity & Politics. DNA as Evidence in the Courtroom, in FORENSIC DNA ANALYSIS (Dragan Primorac & Moses S. Schanfield eds., forthcoming Publications: 2013) (with F. Bieber and D. Primorac). The Politics of Framing Health Disparities: Markets and Justice, SOME ETHICAL ISSUES IN FORENSIC GENETICS, IN FORENSIC DNA APPING ACE RITICAL PPROACHES TO EALTH ISPARITIES in M "R ": C A H D ANALYSIS (Dragan Primorac & Moses S. Schanfield eds. RESEARCH 37-58 (L. Gomez & N. Lopez eds., 2013). forthcoming 2013) (with E.D. Williams). INTERPRETATION: A LEGAL PERSPECTIVE, IN WILEY ENCYCLOPEDIA Presentations: OF FORENSIC SCIENCE (A. Jamieson & A. Moenssens eds., 2d ed. Invited Lecture, The Troubling Persistence of Race in forthcoming 2013). Biomedicine, Programme Group ‘Anthropology of Health, Care THE NEW WIGMORE, A TREATISE ON EVIDENCE: EXPERT EVIDENCE and the Body’ Amsterdam Institute for Social Science Research (Supp. 2013) (with D. Bernstein & J. Mnookin). (AISSR), University of Amsterdam, Netherlands (June 24, A Fourth Amendment Theory for DNA and Other Biometric 2013). Databases, 15 U. PENN. J. CONST. L. 1095 (2013). Master Class Presentation, Race in a Bottle: Law, Commerce The Genealogy Detectives: A Constitutional Analysis of and the Production of Race in Biomedicine, Royal Netherlands "Familial Searching," 50 AM. CRIM. L. REV. 109 (2013). Academy of Arts and Sciences, RNAAS-Hendrik Muller Summer Confronting Science: Expert Evidence and the Confrontation School on Race and Racialization, Amsterdam, Netherlands Clause, 2012 SUPREME CT. REV. 99 (2013) (with J.L. Mnookin). (June 19, 2013). On the “Considered Analysis” of Collecting DNA Before Conviction, 60 UCLA L. REV. DISC. 104 (2013). Expert and Scientific Evidence, in PERSPECTIVES ON AMERICAN ۩ LAW 97 (Dan Guttmen et al., eds. 2013). Robert A. Katz Interpretation, in 1 ENCYCLOPEDIA OF FORENSIC SCIENCES 134 (J. Professor of Law, Indiana University Robert H. McKinney Siegel & P. Saukko eds., 2d ed. 2013). School of Law Beyond Uniqueness: The Birthday Paradox, Source Attribution, and Individualization, in FORENSIC SCIENCE TESTIMONY, 12 LAW, Presentations: PROBABILITY & RISK 3 (2013). Presenter, Health Care, Government, and Charity: The Chimeric Criminals, 14 MINN. J. L., SCI. & TECH 1 (2013). Affordable Care Act and the Nonprofit Sector, Association for What the Supreme Court Hasn’t Told You About DNA Research on Nonprofit Organizations and Voluntary Action Databases, PROFILES IN DNA (Sept. 2013), (ARNOVA) Annual Conference (Nov. 20-23, 2013). http://www.promega.com/resources/articles/profiles-in- Panelist, TIBS Colloquium: Defining Our Boundaries by the dna/2013/what-the-supreme-court-hasnt-told-you-about-dna- Legal Definition: Implications for a Changing World of Research databases/. and Practice, Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA) Annual Presentations: Conference (Nov. 20-23, 2013). More than Identification? Forensic Database Loci, Medical Moderator, Navigating the Nonprofit Legal Regime, Or Gaming Information and Privacy, 24th International Symposium on It?, Association for Research on Nonprofit Organizations and Human Identification, Atlanta, Georgia (Oct. 8, 2013). Voluntary Action (ARNOVA) Annual Conference (Nov. 20-23, Panel on Genetics: Anthropology, Forensics, Responsibility, and 2013). Society, Tenth Circuit Bench and Bar Conference, Colorado Springs, Colorado (Aug. 30, 2013). The Legal Impact of the ENCODE Project on Forensic DNA ۩ Analysis, Center for System Genomics, Penn State (July 31,

2013). David H. Kaye ۩ Distinguished Professor and Weiss Family Scholar, Penn State Law

Grants, Honors, Awards: NIST Working Group on Quantitative and Qualitative Interpretation of Forensic Science Evidence.

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Other Professional Activities: Eleanor D. Kinney Consultant, New York State Task Force on Life and the Law. Hall Render Professor of Law Emerita, Indiana University Appointed to American Bar Association Special Committee on Robert H. McKinney School of Law Bioethics and the Law.

۩ :Publications The Affordable Care Act and the Medicare Program: The Engines of True Health Reform, 8 YALE J. HEALTH POL’Y, LAW & ETHICS 253 (2013). Nina A. Kohn The Affordable Care Act and the Medicare Program: Linking Professor of Law, Syracuse University College of Law Medicare Payment to Quality Performance, 68 N.Y.U. ANNUAL SURVEY OF AM. L. 565 (2013). Publications: What Does New Theory Contribute to the Evolution of the Tort My new elder law casebook, ELDER LAW: PRACTICE, POLICY, AND of Medical Malpractice?, 97 IOWA L. REV. BULLETIN 115 (2013), PROBLEMS will be published by Aspen later this fall. available at http://www.uiowa.edu/~ilr/bulletin.shtml (responding Legal Gerontology, in GERONTOLOGY: PERSPECTIVES AND ISSUES to Alex Stein, Toward a Theory of Medical Malpractice, 97 IOWA (Janet Wilmoth & Kenneth Ferraro eds., 4th ed., 2013). L. REV. 1201 (2013)). Supported Decision-Making: A Viable Alternative to Guardianship? , 117 PENN ST. L. REV. 1111 (2013) (with Jeremy Presentations: A. Blumenthal & Amy T. Campbell). The Affordable Care Act: What’s in it for Physicians, Theodore A Critical Assessment of Supported Decision-Making for LeBlang Lecture, Southern Illinois University School of Persons with Intellectual Disabilities, 6 DISABILITY & HEALTH J. Medicine, Springfield, Ill. (Mar. 2013). (forthcoming 2013) (with Jeremy A. Blumenthal). A Call to Action on Elder Law Education: An Assessment & .Recommendations Based on National Survey, ELDER L. J ۩ (forthcoming 2013) (with Edward D. Spurgeon).

Other Professional News: Valerie Gutmann Koch I was appointed as a Commissioner for the ABA Commission on Visiting Assistant Professor of Law, IIT Chicago-Kent College of Law & Aging, and I am visiting at the University of Maine School Law; Lecturer in Law, Medicine, & Ethics, University of Chicago of Law this academic year. MacLean Center for Clinical Medical Ethics ۩ Publications: Contemporary Ethical Issues in Stem Cell Research, in STEM Joan H. Krause CELL HANDBOOK II (forthcoming 2013) (with Beth E. Roxland, Associate Dean for Faculty Development & Dan K. Moore Barbara Pohl, and Sarah Keech). Distinguished Professor of Law, UNC School of Law; Professor Unique Proposals for Limiting Legal Liability and Encouraging (Secondary Appointment), Social Medicine, UNC School of Adherence to Ventilator Allocation Guidelines in an Influenza Medicine; Adjunct Professor, Health Policy & Management, Pandemic, 14(3) DEPAUL J. HEALTH CARE L. 467 (2013) (with Gillings School of Global Public Health Beth E. Roxland). Publications: Presentations: Medical Ethics: Kickbacks, Self-Referrals, and False Claims: Co-facilitator, “State” It Like It Is: The Impact of State Laws on The Hazy Boundaries of Health Care Fraud, __ CHEST __ Informed Consent and Other Aspects of Research, Public (forthcoming 2013). Responsibility in Medicine and Research (PRIM&R) Advancing Ethical Research Conference (Nov 8, 2013). Presentations: Panel Moderator, The Role of the New York State Task Force Integration, Fragmentation, and Human Nature: The Role of the on Life and the Law in Shaping Public Policy: Lessons Learned Fraud and Abuse Laws in a Changing Health Care System, and Recommendations for Action Beyond New York State, Southeastern Association of Law Schools Annual Meeting (Aug. American Society for Bioethics and the Humanities (Oct. 26, 2013). 2013). A Parallel Universe: Off-Label Drug Settlements and the FCA, Panel Participant, The Myriad Genetics Decision: A Victory for American Society of Law, Medicine & Ethics, Health Law Patients and R&D?, American Bar Association (Aug. 1, 2013). Professors Conference (June 2013). Careers and Opportunities in Bioethics and the Law, American Medical Treatment and Billing Practices: Lessons for Clinicians Bar Association (Aug. 8, 2013). under the False Claims Act, Clinical Ethics Grand Rounds, UNC Panel Participant, Careers and Opportunities in Bioethics and Center for Bioethics and UNC Hospital Ethics Committee (May the Law, American Bar Association and American Bar 2013). Foundation (Jan. 30, 2013). Body as Battleground: The Role of Health Care, Conference on Race, Class, Gender, and Ethnicity, UNC School of Law (Feb. 2013). 16

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Health Care Fraud and the Practice of Medicine, Research Presentations: Seminar in Health Policy and Management, UNC Gillings Medical Error in Japan: A Subsurface Tangle of Law and School of Global Public Health (Feb. 2013). Politics, Temple U. Japan, Tokyo (July 12, 2013). Hot Topics in Health Law and Policy: Health Care Fraud and Medical Malpractice Reform: Perspectives from Japan, Taiwan, Abuse, UNC School of Law, Festival of Legal Learning (Feb. and the United States, Law & Society Ass’n Annual Conference, 2013). Boston (June 1, 2013). Iryō jiko ni kansuru dai-san-sha kikan no arikata: Gaikoku no Other Professional Activities: kenkyūsha kara mite [Impartial Entities for Review of Medical I organized (with Professor Richard Saver) the North Carolina Accidents: A Foreign Researcher’s Perspective], 45th Univ. of Law Review 14th Annual Symposium on Health Care Decisions Tokyo Symposium on Comparative Law & Politics, Tokyo (Apr. in the New Era of Health Care Reform (Oct. 4, 2013) (see 20, 2013) (in Japanese). below). Discerning Why Patients Die: Legal and Political Controversies in Japan, the U.S., and Taiwan, 3rd East Asian Law & Society .Conference, Shanghai Jiaotong Univ., Shanghai, China (Mar ۩ 23, 2013). Research on Human Tissues: Ethical, Legal, and Regulatory Anna B. Laakmann Issues, Keio Law School Symposium on Regenerative Assistant Professor, Lewis & Clark Law School Medicine, Tokyo (Feb. 15, 2013) (keynote lecture).

Grants, Honors, Awards: Other Professional Activities: Selected for participation in the 2013 Health Law Scholars I have returned to Arkansas after a year’s sabbatical (2012- Workshop sponsored by the Center for Health Law Studies at 2013) at the University of Tokyo’s Faculty of Law and Keio Saint Louis University and the American Society of Law, University’s Faculty of Medicine and School of Law. Medicine & Ethics (ASLME). ۩ Presentations: Medical Uncertainty and Physician Innovation, Health Law Scholars Workshop, St. Louis University Law School, St. Louis, Elizabeth Weeks Leonard Missouri (Oct.12, 2013). Professor of Law, University of Georgia Law School Bowman v. Monsanto and the Current State of the Law of Patent Exhaustion, Oregon Patent Law Association and the Promotion: Oregon State Bar Section on Computer and Internet Law, Recently promoted to Full Professor. Portland, Oregon (Aug. 22, 2013). Medical Uncertainty and Physician Innovation, Southeastern Publications: Association of Law Schools (SEALS) Annual Conference, Palm Crafting a Narrative for the Red State Option, __ KY. L.J. __ Beach, Florida (Aug. 9, 2013). (forthcoming). Medical Uncertainty and Physician Innovation, Harvard Law Death Panels and the Rhetoric of Rationing, 13 NEV. L.J. 872 School Petrie-Flom Center Workshop on “Legal (2013). Experimentation: Legal and Ethical Challenges to Evidence- Plunging into Endless Difficulties: Medicaid and Coercion in Based Practice in Law, Medicine and Policymaking, Cambridge, National Federation of Independent Business v. Sebelius, 93 Massachusetts (Mar. 1, 2013). B.U. L. REV. 1 (2013) (with Nicole Huberfeld & Kevin Outterson). Employers United: An Empirical Analysis of Corporate Political .Speech in the Wake of the Affordable Care Act, 38 J. CORP. L ۩ 217 (2013) (with Susan Scholz & Raquel Meyer Alexander).

Robert B. Leflar Presentations: Ben J. Altheimer Professor of Legal Advocacy, University of NFIB, Medicaid, and Federalism, Health Law Professors Arkansas School of Law Conference, Seton Hall University School of Law, Newark, NJ (June 9, 2013). Publications: Employers United: An Empirical Analysis of S.E.C. Disclosures Medical Malpractice Reform Measures and Their Effects, 144 in the Wake of Citizens United and the Affordable Care Act, Law CHEST 306 (2013). and Society Association, Annual Meeting, Boston, MA (June 2, Reform of the United States Health Care System: An Overview, 2013). 10 U. TOKYO J. L. & POLITICS 44 (2013). Health Care Reform: The State of the States Roundtable, The Law of Medical Misadventure in Japan, 35 ZEITSCHRIFT FÜR University of Maryland School of Law and Health Care Program, JAPANISCHES RECHT / J. JAPANESE L. _____ (forthcoming 2013; Baltimore, MD (Mar. 1, 2013). updated version with German abstract). Medicaid Matters, University of Kentucky College of Law, Lexington, KY (Mar. 22, 2013).

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Program Chair and Moderator, Panel on American Exceptionalism: Health Reform and the Persistence of Kristin Madison Employer-Based Benefits, Co-sponsored by the Sections on Professor of Law & Health Sciences, Northeastern University Law, Medicine & Health Care, and Employee Benefits and Executive Compensation, Association of American Law Schools Publications: Annual Meeting, New Orleans, LA (Jan. 5, 2013). Donabedian's Legacy: The Future of Health Care Quality Law & Policy, 10 IND. HEALTH L. REV. 325 (2013). Other Professional Activities: Smoking, Obesity, Health Insurance, and Health Incentives in Co-Editor, Jotwell (Journal of Things We Like (Lots)), Health the Affordable Care Act, 310 JAMA 143 (2013) (with Harald Law Section, 2012 – present (with Kathleen M. Boozang). Schmidt & Kevin G. Volpp).

:Presentations ۩ Health Regulators as Data Stewards, Health Care Decisions in the New Era of Health Care Reform, University of North Paul A. Lombardo Carolina School of Law (Oct. 2013). Bobby Lee Cook Professor of Law, Georgia State University College of Law Other Professional Activities: Member, Health Information Technology Council, Publications: Commonwealth of Massachusetts. Kayte Spector-Bagdady and Paul A. Lombardo, Something of ۩ an Adventure: How the Public Health Service STD Studies in Guatemala Launched the “New Horizon” of U.S. Medical Research, 41 J.L. MED. & ETHICS 697 (2013). Paul A. Lombardo, When Heroes Stumble, 40(4) SEXUALLY Anup Malani TRANSMITTED DISEASES 280 (2013). Lee & Brena Freeman Professor of Law, University of Chicago Paul A. Lombardo, A Case of Abortion in India: Pro-Life, Pro- Choice or Pro-Market Surrogacy?, 25 HEC FORUM 10 (2013). Publications: Paul A. Lombardo and Peter Hardin, Compensate Eugenic Economic Epidemiology of Avian Influenza on Smallholder Sterilization Victims, USA TODAY, Aug. 21, 2013. Poultry Farms, THEORETICAL POPULATION BIOLOGY (forthcoming Peter Hardin and Paul A. Lombardo, North Carolina’s Bold 2014) (with Maciej Boni, Allison Galvani & Abraham Model for Eugenics Compensation, Richmond Times Dispatch, Wickelgren). Aug. 11, 2013. THE FUTURE OF HEALTH CARE REFORM (Anup Malani & Michael Schill eds., forthcoming 2014). Presentations: The Complex Relationship Between Health Care Reform and Mental Degeneracy, Eugenics and the Honeymoon Homicide of Innovation (with Darius Lakdawalla, & Julian Reif), in THE 1936, International Academy of Law and Mental Health, FUTURE OF HEALTH CARE REFORM (Malani & Schill eds., Amsterdam, Netherlands (July 16, 2013). forthcoming 2014). Bioethics Update, American Society of Law, Medicine & Ethics, The Role of Ambiguity in Drug Regulation, J. LEGAL STUD. Health Law Professors Conference, Newark, New Jersey (June (forthcoming 2014). 7, 2013). Renegotation Design through Contract, UNIV. CHI. L. REV. Crime, Eugenics and the Honeymoon Homicide of 1936, (forthcoming 2013) (with Richard Holden). American Association for the History of Medicine, Atlanta, Do Advertisements Affect the Physiological Efficacy of Branded Georgia (May 18, 2013). Drugs?, 110 PROC. NAT’L ACAD. OF SCI. 12931 (2013) (with Emir Crime, Eugenics and the Honeymoon Homicide of 1936, Ruth Kamenica). Cowan Symposium, University of Pennsylvania, Department of Raising the Stakes in Patent Cases, 101(3) GEO. L. J. 637 the History and Sociology of Science, Philadelphia, (2013) (with Jonathan Masur). Pennsylvania (May 3, 2013). Implicit Bias in Legal Interpretation, 1(1) J. L. & COURTS 115 Return of the Jukes: Eugenic Mythologies and Internet (2013) (with Ward Farnsworth & Dustin Guzior). Evangelism, University of Washington, Department of Bioethics and Humanities, Seattle, Washington (Feb. 28, 2013). Presentations: Deny and Defend: Schloendorff as a Model for 20th Century TIE-CON, New Delhi (Oct. 2013). Medical Malpractice Strategy, University of Washington, School University of Chicago, Department of Economics (Sept. 2013). of Law (Feb. 28, 2013). University of Texas Law School (Sept. 2013). Genetics, Eugenics and Public Health, University of Cal Tech (May 2013). Washington, Institute for Public Health Genomics (Feb. 27, University of Chicago Law School (May 2013). 2013). Harvard Medical School (Apr. 2013). Appeared in Hygiene Raciale: [Racial Hygiene], A French ETH, Zurich (Feb. 2013). National TV Documentary (Jan. 2013). Northwestern University Law School (Feb. 2013). Max Planck Institute, Bonn, Germany (Dec. 2012). .(University of Amsterdam (Dec. 2012 ۩ 18

AALS Law, Medicine & Health Care

Ann. Law & Economics Theory Conf., Yale (Dec. 2012). Health Insurance Is Dead; Long Live Health Insurance, Suffolk U. Penn Law School (Nov. 2012). Law School Symposium on Health Reform, Boston, MA (Mar. 2013). Challenges to Public Health Education, New University of ۩ Lisbon, School of Public Health, Lisbon, Portugal (Jan. 2013).

Maya Manian Program News: Professor, San Francisco School of Law The second edition of Public Health Law is being prepared for publication in 2014. Publications Lessons from Personhood's Defeat: Abortion Restrictions and ۩ Side Effects on Women's Health, 74 OHIO ST. L.J. 75 (2013).

Presentations: Frank M. McClellan Lessons from Personhood's Defeat: Abortion restrictions and Professor of Law Emeritus and Co-Director Center of Health Side Effects on Women's Health, The Williams Institute at UCLA Law, Policy & Practice, Beasley School of Law, Temple School of Law, Liberty/Equality: The View from Roe's 40th and University Lawrence's 10th Anniversaries, Los Angeles, Cal. (Jan. 2013). Publications: It Takes a Village: Reforming Law to Promote Health Literacy ۩ and Reduce Orthopedic Health Disparities, 8 J. OF HEALTH & BIOMED. L. 533 (2013). Ann Marie Marciarille Associate Professor, UMKC School of Law Presentations: Implementing the Affordable Care Act: Is Now the Time for Tort Publications: Reform?, Suffolk University School of Law, Health Law Lecture The Medicaid Gambles, 17 J. HEALTH CARE L. & POL’Y ___ Series (Oct. 3, 2013). (forthcoming 2013). Moderator and Panelist at National Summit on Health Disparities, Arlington, Va. (Sept.16-17, 2013). Topics: Beyond Presentations: Race: Addressing Health Literacy and Cultural Competency; New Scholars Colloquia: MRSA is the New Asbestos, Addressing Barriers to Implementation of the Affordable Care Southeastern Association of Law Schools, 2013 Annual Meeting Act. (Aug. 9, 2013). Panelist: NFIB, Medicaid, and Federalism, American Society of Other Professional Activities: Law, Medicine and Ethics, 2013 Annual Meeting, Seton Hall, Member of National Steering Committee, Movement is Life, (June 8, 2013). developing strategies and programs to address orthopedic Looking Ahead: Who Will Remain Uninsured?, University of health disparities based on race, gender and ethnicity. Maryland School of Law, State of the States Roundtable (Mar. 1, 2013). Program News: Center for Health Law Policy and Practice implemented a Medical-Legal Partnership with St. Christopher's Hospital for ۩ Children, Clinic for the Disabled, and private law firm Reed, Smith Shaw &McClay; Implemented joint course on health Wendy K. Mariner policy with Temple Law School and Nursing School; initiated a Edward R. Utley Professor, Boston University practicum for law students with Pennsylvania Health Management Corporation. Publications: Limiting “Sugary Drinks” to Reduce Obesity — Who Decides?, Conference Announcements: 368 NEW ENGL. J. MED. 1763 (2013) (with George J. Annas), 2013 National Caucus on Arthritis and Musculoskeletal Health available at Disparities, Arlington, Va. (Sept. 16-17). http://www.nejm.org/doi/full/10.1056/NEJMp1303706. Did Legal Education Fail Health Reform? And How Health Law ۩ Can Help, 10(1) IND. HEALTH L. REV. 1 (2013).

Presentations: Conflicting Roles for Insurance in Disease Prevention, 4th International Conference on Health Law & Bioethics, University of Reading, England (July 2013).

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Maxwell Mehlman Seema Mohapatra Arthur E. Peterslige Professor of Law and Director, Law- Associate Professor of Law, Barry University Dwayne O. Medicine Center, Case Western Reserve University School of Andreas School of Law Law; Professor of Bioethics, Case Western Reserve University School of Medicine Promotion: Recently promoted to Associate Professor. Grants, Honors, Awards: Named distinguished University Professor, Aug. 28, 2013. Publications: Fertility Preservation for Cancer Patients and Reproductive Publications: Justice, __ HARV. J. ON RACIAL & ETHNIC JUST. __ (forthcoming How To Build a Better Human: An Ethical Blueprint by Gregory Spring 2014). E. Pence, XXIX ISSUES IN SCI. & TECH. 90 (2013) (book review). Reproductive Justice Perspectives on Egg Freezing, __ The Pros and Cons of Practice Guidelines, TRIAL, May 1, 2013. WOMEN’S RTS. L. REP. __ (forthcoming Fall 2013) (Beyond Roe Enhanced Warfighters: A Policy Framework, in MILITARY Symposium at Rutgers Newark). MEDICAL ETHICS FOR THE 21ST CENTURY (M. Gross and D. Carrick Assisted Reproductive Technology and Personhood eds., 2013) (with Patrick Lin and Keith Abney). Amendments: Unintended Consequences, __ N.D. L. REV. __ (forthcoming Winter 2014) (invited submission). Presentations: Cutting the Cord from Private Cord Blood Banking: Encouraging Military Genomics, First Annual Conference on Governance of Compensation for Public Cord Blood Donations, 84 U. COLO L. Emerging Technologies: Law, Policy, and Ethics, Arizona State REV. 944 (2013). University (May 20, 2013) Examining Global Legal Responses to Prenatal Gender A Framework for Military Bioethics, Health Law Professors Identification and Sex Selection: A Bioethical Analysis, 13 NEV. Conference, American Society of Law Medicine and Ethics, L.J. 690 (2013). Newark, NJ (June 8, 2013). Presentations: Oncofertility and Reproductive Justice, Reproductive Rights and ۩ Class Roundtable, Southeastern Association of Law Schools Annual Meeting (Aug. 2, 2013). Fran Miller Professor of Law Emerita, Boston University School of Law Other Professional Activities: Planning Committee, Law and Society Association Annual Grants, Honors, Awards: Meeting, Feminist Collaborative Research Network. Serve as Faculty Lead for the Robert Wood Johnson Scholars Southeast/Southwest People of Color Scholarship Conference, in Residence Program, which places master teacher/scholar law 2014, Program/Outreach Committee Member and Works in faculty in beleaguered and traditionally-underfunded state and Progress Committee Member. local public health agencies, to bring scholarly expertise to bear ۩ -on current problems. In return, the Fellows will bring their real world experience back to inspire their law students (we hope) to consider careers in public health. Emily Michiko Morris Presentations: Associate Professor of Law, Indiana University Robert H. Delivered the Third Annual Delta Omega Distinguished Lecture, McKinney School of Law Public Health & Law: An Uneasy Alliance?, at The School of Public Health at the University of Hawaii at Manoa. Presentations Presenter, Nanotechnology as Nascent Technology: Potential ,Patent Issues, at the Sage Handbook of IP Symposium ۩ Durham, UK (June 29-30, 2013). Presenter, Optimal (Un)certainty in Patent Claims, at the John A. Miller Intellectual Property Scholars Conference, Cardozo School of Weldon Schmicke Professor of Law and Dean Emeritus, Law, Yeshiva University, New York City, NY (Aug. 7-8, 2013). University of Idaho College of Law Presenter, The Increasing Use of Regulatory Exclusivities in the Pharmaceutical Industry, Fourth Annual Asia-Pacific Innovation Publication: Conference (Dec. 6-7, 2013). Sean Bleck, Barbara Isenhour & John A. Miller, Preserving ۩ Wealth and Inheritance through Medicaid Planning for Long Term Care, MICH. ST. J. OF MED. & L. (forthcoming), available at SSRN: abstract Id. 2126111.

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Association of American Law Schools, New Orleans, (Jan. 5, Barbara A. Noah 2013). Professor of Law, Western New England School of Law Broccoli, Medicaid and Mandates: Implications of the Affordable Care Act, University of Chicago Alumni, Indianapolis (Jan. 31, Publications: 2013); Fairbanks Ethics Lecture, Indianapolis (Mar. 6, 2013). Two Conflicts in Context: Lessons from the Schiavo and Bland Reporting Obesity as Neglect Is Wrong, Fifth Annual Bioethics Cases and the Role of Best Interests Analysis in the United Symposium, University of Wisconsin School of Medicine and Kingdom, 36 HAMLINE L. REV. 239 (2013). Public Health, Madison (Apr. 11, 2013). In Denial: The Role of Law in Preparing for Death, 21 ELDER L.J. To Kill or Not to Kill: Is that the Question? Physician-Assisted 1 (2013). Suicide, Ethics and the Law, Duke University School of Medicine, Durham (Apr. 10, 2013). Presentations: Implementation of the Affordable Care Act, Annual Meeting of Ethical Issues in Research with Pregnant Women, International the American Chemical Society, Indianapolis (Sept. 8, 2013). Academy of Law and Mental Health Bi-Annual Conference, ۩ .(Amsterdam, Netherlands (July 2013 The Role of Law in Preparing for Death, Law & Society Conference, Boston, MA (June 2013). Alicia Ouellette Other Professional Activities: Associate Dean for Academic Affairs and Intellectual Life, Co-Instructor, Smith College, End of Life Certificate Program, Professor of Law, Albany Law School Complex Legal and Public Policy Issues (Oct. 2013). Promotion: In July, I was appointed Associate Dean for Academic Affairs ۩ and Intellectual Life.

David Orentlicher Publications: Samuel R. Rosen Professor of Law, Co-Director, Hall Center for Patients to Peers: Barriers and Opportunities for Doctors with Law and Health, Indiana University Robert H. McKinney School Disabilities, 13 NEV. L.J. 645 (2013). of Law Health Reform and the Supreme Court: The ACA Survives the Battle of the Broccoli and Fortifies Itself Against Future Fatal Publications: Attack, 76 ALB. L. REV. 87 (2013). TWO PRESIDENTS ARE BETTER THAN ONE: THE CASE FOR A ۩ .(BIPARTISAN EXECUTIVE BRANCH (2013 BIOETHICS AND PUBLIC HEALTH LAW (3rd ed., 2013) (with Hall and Bobinski). Kevin Outterson HEALTH CARE LAW AND ETHICS (8th ed., 2013) (with Hall and Professor, Boston University Bobinski). Principle and Practice for Palliative Sedation: Gaps between the Grants, Honors, Awards: Two, in CONTINUOUS SEDATION AT THE END OF LIFE: CLINICAL, Senior Technical Advisor, US HHS/FDA: Incentives for the LEGAL AND ETHICAL ASPECTS 116 (Sterckx, Raus and Mortier development of new drugs, vaccines, and rapid diagnostics for eds., 2013). bacterial diseases. PI – Eastern Research Group. Prime NFIB v. Sebelius: Proportionality in the Exercise of Contract No. HHSP23320095634WC. Congressional Power, 2013(5) UTAH L. REV. (forthcoming 2013) The FDA’s Graphic Tobacco Warnings and the First Publications: Amendment, 369 NEW ENG. J. MED. 204 (2013). New Business Models to Prevent an Antibiotic Apocalypse (in Deactivating Implanted Cardiac Devices: Euthanasia or the peer review, 2013). Withdrawal of Treatment?, 39 WM. MITCHELL L. REV. 1287 (2013) Approval and Withdrawal of Antibiotics and Other Antiinfectives (part of symposium issue on medical device law). in the US, 1980-2009, 41(3) J.L. MED. & ETHICS 688-696 (2013) Concussion and Football: Failures to Respond by the NFL and (with Powers, Seoane-Vazquez, Rodriguez-Monguio, & the Medical Profession, 8 F.I.U L. REV. 17 (2013) (part of Kesselheim). symposium issue on NFL concussion litigation). Plunging into Endless Difficulties: Medicaid and Coercion in the

Healthcare Cases, 93 B.U. L. REV.1 (2013) (with Huberfeld & Presentations: Leonard). Concussion and Football: Failures to Respond by the NFL and Combatting Antibiotic Resistance Through the Health Impact the Medical Profession, ASLME Annual Health Law Professors Fund (with Thomas Pogge (Yale) & Aidan Hollis (Calgary)), in Conference, Seton Hall University School of Law, Newark (June THE GLOBALIZATION OF HEALTH CARE: LEGAL AND ETHICAL ISSUES 8, 2013). (Glenn I. Cohen ed., 2013). Employer-Sponsored Health Care Coverage in the United States: Not So Exceptional After All, Annual Meeting of the 21

AALS Law, Medicine & Health Care

Presentations: Preventing the Antibiotic Apocalypse, Royal Institute for Wendy Parmet International Affairs/Chatham House, London (Oct. 2013). Associate Dean for Academic Affairs and Matthews University Regulating compounding pharmacies after NECC, ICAAC 2013, Distinguished Professor of Law American Society of Microbiology, Denver. Designing Incentives for Antimicrobial Conservation, Brookings Publications: Institution (Feb. 2013). Valuing the Unidentified: The Potential of Public Health Law, 53 JURIMETRICS 255 (2013). Other Professional Activities: Public Health Law Research: Editor’s Introduction, 38 J HEALTH Visiting at Iowa Fall 2013; on sabbatical Spring 2014. POL. POL’Y & L. 629 (2013) (with Michelle M. Mello). Holes in the Safety Net- Legal Immigrants' Access to Health Program News: Insurance, 369 NEW ENG. J. MED. 596 (2013). BU will host Health Law Professors' Conference in June 2016 in Beyond Externships: Health Law Co-ops, 9 IND. HEALTH L. REV. our new building, a gift from Sumner Redstone. 401 (2012).

:Presentations ۩ Population Health 2030: Introduction & Overview, 36th Annual Health Law Professors Conference, Seton Hall Law Jordan Paradise School, Newark (June 2013). Associate Professor of Law, Seton Hall University School of Roundtable – Keeping Lawyers Relevant: How Experiential Law Legal Education Can Effect Social Change, Law and Society Annual Meeting, Boston (May 2013). Publications: A Population Approach to Abortion Access: Does Public Health No Sisyphean Task: How the FDA Can Regulate Electronic Matter?, Roe after 40, Widener Law School, Wilmington, DE Cigarettes, 13 YALE J. HEALTH POL’Y, L. & ETHICS 1 (2013). (Apr. 2013). Human Genome Research and Return of Research Results, in Human Rights & Immigrants’ Access to Health Care, XV th ENCYCLOPEDIA OF BIOETHICS (Bruce Jennings ed., 4 ed. National Congress on Public Health Research, Cuernavaca, forthcoming 2014). Mexico (Mar. 2013). Introduction to Biologics, THE FUNDAMENTALS OF LIFE SCIENCES Valuing the Unidentified: The Potential of Public Health Law, LAW: DRUGS, DEVICES, AND BIOTECH ch. 3 (2d ed. forthcoming University of Toronto School of Law, Toronto (Feb. 2013). 2014). Immigrants’ Access to Health Care, Health Law Year in P/Review, Petrie-Flom Center, Harvard Law School (Feb. Presentations: 2013). The BRAIN Initiative: Law, Policy, and Ethics, Seton Hall Law Faculty Colloquia Series (Sept. 10, 2013). Program News & Events: Different Risk, Different Name?: The Debate over This year Northeastern University School of Law launched a Nonproprietary Naming of Biosimilar Biologics, Arizona State new specialization in Health Policy & Law in our LLM program. University Sandra Day O’Connor School of Law, 1st Annual Governance of Emerging Technologies: Law, Policy, and Ethics, Conference Announcements: Phoenix, Ariz. (May 21, 2013). On April 25, 2014, Northeastern's Program on Health Policy and Panelist, Working in the Food and Drug Law Space: Challenges Law will host a conference: Free Speech and Reproductive and Opportunities, Food and Drug Law Institute Annual Rights: Friend or Foe? Conference, Washington, D.C. (Apr. 24, 2013). ۩ Gene Patents at the Supreme Court, New Jersey Institute of Technology, Newark, NJ (Apr. 17, 2013). FDA I & II: Pharmaceutical Regulatory and Compliance Fundamentals, Sidley Austin Life Sciences College, New York, Kimani Paul-Emile NY (Feb. 26, 2013). Associate Professor of Law, Fordham University School of Law Implementation of the Biologics Price Competition and Innovation Act, Gibbons PC and Institute for Law, Science & Promotion: Technology, Newark, NJ (Feb. 19, 2013). Received Tenure, May 2013. A Sisyphean Task?: How the FDA Can Effectively Utilize the Tobacco Control Act to Regulate Electronic Cigarettes, AALS Grants, Honors, Awards: Annual Meeting, New Voices in Administrative Law, New Greenwall Foundation Faculty Scholar Award in Bioethics. Orleans, LA (Jan. 5, 2013). Publications: Beyond Title VII: Race, Ex-Offender Status, and Employment ۩ Discrimination in the Information Age, __ VA. L. REV. __ (forthcoming 2014).

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Presentations: Organizer and presenter, Health Care Reform, Technology and Beyond Title VII: Race, Ex-Offender Status, and Employment Disability, Law & Society Association Annual Meeting, Boston, Discrimination in the Information Age, Critical Race Theory & MA (May 30 – June 2, 2013). Empirical Methods Workshop, University of Iowa Law School Invited Speaker, Genetic Testing and Genetic Information in the (April 27, 2013). Workplace, Health Care Ethics Interest Group at SLU School of Beyond Title VII: Race, Ex-Offender Status, and Employment Medicine, Saint Louis, MO (Apr. 11, 2013). Discrimination in the Information Age, Annual Conference of the Organizer and panelist, Including Disability in Health Care Law & Society Association, Boston, MA (May 31, 2013). Reform, Including Disability: How Legal Discourse and Shape Beyond Title VII: Race, Ex-Offender Status, and Employment Life’s Transitions, UCLA School of Law, Los Angeles, CA (Mar. Discrimination in the Information Age, Challenging Punishment: 22, 2013). Race, Public Health, and the War on Drugs, Columbia Law Invited Speaker, Reducing Disability-Based Disparities through School (October 5, 2013). Health Care Reform, Faculty Forum Speaker Series, Nova Patients’ Racial Preferences and the Medical Culture of Southeastern University Shepard Broad Law, Ft. Lauderdale, FL Accommodation, Racial Accommodation, panel discussion, (Mar. 14, 2013). Harvard Law School (Sept. 17, 2013). Invited Speaker, Hard Conversations: Health Care Reform and Beyond Title VII: Race, Ex-Offender Status, and Employment Vulnerable Populations (with Professor Kathy Cerminara), Discrimination in the Information Age, Harvard Law University of Nevada Las Vegas, William S. Boyd School of School/Petrie-Flom Health Law Policy & Bioethics Workshop Law, Las Vegas, NV (Feb. 11, 2013). (Sept. 16, 2013). Other Professional Activities: AALS Section on Law, Medicine and Health Care, Executive ۩ Committee. SEALS, Prospective Law Teachers Committee, Beginning & Elizabeth Pendo Newer Law Teachers Committee. Also organized Health Law Associate Dean for Academic Affairs & Professor of Law at Workshop. Saint Louis University School of Law Reader/Commentor for: Health Law Scholars Workshop, co- sponsored by ASLME and Center of Health Law Studies, Grants, Honors, Awards: SLULAW; Mentor Pairing Workshop, American Society of Secondary appointment at Saint Louis University College of Bioethics and the Humanities; SEALS New Scholars Workshop; Public Health and Social Justice. and SEALS New Voices in Labor and Employment Law. First Recipient of Faculty Excellence Award for Diversity & ۩ Social Justice, awarded by the Student Government Association to one SLU professor in recognition of dedication and service to the SLU community, outstanding performance and career as an educator, and living out the oath of inclusion. Thaddeus Mason Pope Director, Health Law Institute and Associate Professor of Law, Publications: Hamline University; Adjunct Associate Professor, Albany Identifying (With) Disability: Using Film to Teach Employment Medical College Discrimination, 58 ST. LOUIS UNIV. L. J. (2013). Honors, Grants, Awards: Presentations: In October 2013, The Greenwall Foundation awarded my co- Invited Speaker, Disability Equity Measures: Collecting New investigator and me $50,000 as part of its new program, Making Data to Address Disability Disparities in Health Care, Faculty a Difference in Real-World Bioethics Dilemmas. Our project is Speaker Series and a separate CLE presentation, Georgia titled Ethical & Legal Obligations of Hospice Staff When Their State University College of Law, Atlanta, GA (Sept. 16, 2013). Patients Receive Aid in Dying. Organizer and discussant, Discussion Group: Health Care In November 2013, my “Medical Futility Blog” was chosen as Reform Reprised: What Progress has Been Made Since Last one of the ABA Journal’s 2013 Blawg 100. Year?, and panelist, Becoming a Productive and Fulfilled Scholar, SEALS Annual Meeting, West Palm Beach, FL (Aug. 7 Publications: & 9, 2013). Making Medical Decisions for Patient without Surrogates, Panelist, presenting Respecting People with Disabilities in 369(21) NEW ENG. J. MED. 1976-1978 (2013). Health Care Policy: A Therapeutic Approach, International Legal Briefing: Home Birth and Midwifery, 24(3) J. CLINICAL Congress on Law and Mental Health, Amsterdam, Netherlands ETHICS 293-308 (2013) (with Deborah Fisch). (July 14-19, 2013). Advance Care Planning for End-Stage Kidney Disease Panelist, Health Care Reform: What Progress Has Been Made (Protocol). COCHRANE DATABASE OF SYSTEMATIC REVIEWS 2013, for People Who Use the Health Care System the Most?, Health Issue 7. Art. No.: CD010687. DOI: 10.1002/ Law Professors Conference of the American Society of Law, 14651858.CD010687 (with A. Effiong, L. Shinn & J.A. Raho). Medicine & Ethics, Seton Hall University School of Law, Legal Briefing: The New Patient Self Determination Act, 24(2) J. Newark, NJ (June 6-8, 2013). CLINICAL ETHICS 156-167 (2013).

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Legal Briefing: Shared Decision Making and Patient Decision Improving Surrogate Decision Making, Geisinger Health Aids, 24(1) J. CLINICAL ETHICS 70-80 (2013) (with Mindy Hexum). System, Bioethics Review & Advisory Committee Annual Clinicians May Not Administer Life-Sustaining Treatment without Symposium, Danville, Pennsylvania (April 10, 2013). Consent: Civil, Criminal, and Disciplinary Sanctions, 9 J. Facebook Can Help You Die - Better, Amarillo College Creative HEALTH & BIOMED. L. 213-296 (2013). Minds Humanities Lecture Series, Amarillo, Texas (March 28, Legal, Medical, and Ethical Issues in Minnesota End-of-Life 2013). Care, 36(2) HAMLINE L. REV. 139-150 (2013). Averting Today's Biggest Public Health Epidemics with Social Lessons from Tragedy - Part Two, 19 WIDENER L. REV. 239-258 Media, Amarillo College Creative Minds Humanities Lecture (2013). Series, Amarillo, Texas (March 28, 2013). Death Penalty, in ENCYCLOPEDIA OF BIOETHICS (4th ed., Jennings Does the Concept of "Medical Futility" Help Clinicians, ed., Macmillan Reference) (forthcoming). Children’s Mercy Bioethics Center, Kansas City, Missouri Quality of Life in Legal Perspective, in ENCYCLOPEDIA OF (February 5, 2013). BIOETHICS (4th ed., Jennings ed., Macmillan Reference) Health Law Cases before the Minnesota Supreme Court and (forthcoming). Court of Appeals, Hamline University, Saint Paul, Minnesota Patient Rights, in OXFORD TEXTBOOK OF CRITICAL CARE (Webb, (January 29, 2013). Angus, Finfer, Gattioni & Singer eds., Oxford University Press forthcoming 2013) (with Douglas B. White). Other Professional Activities: Judicial Responsibility to Decide Bioethics Cases, 10(4) J. Secretary, AALS Section on Law, Medicine & Health Care. BIOETHICAL INQUIRY __ (forthcoming). Program Committee, American Society for Bioethics and Dispute Resolution Mechanisms for Intractable Medical Futility Humanities (ASBH). Disputes, 58 N.Y. L. SCH. L. REV. __ (forthcoming). Governing Council, Minnesota State Bar Association, Health The Growing Power of Healthcare Ethics Committees Heightens Law Section. Due Process Concerns, 15 CARDOZO J. CONF. RES. __ Member, Medicare Coverage Advisory Committee (MEDCAC). (forthcoming). Faculty Advisor, Student Health Law Association. POLST Legislative & Regulatory Guide (forthcoming) (with Member, Minnesota POLST Task Force Legislative Working Group, Nat’l POLST Paradigm Task Force). ۩ .(Bioethics.net and HealthPaternalism.com (regular contributor

Presentations: Medical Futility: Legal Status Nationwide and in Minnesota, Orly Rachmilovitz What Does the Future Hold?, Regions Hospital Ethics Grand Visiting Assistant Professor, Boston University School of Law Rounds, Saint Paul, Minnesota (December 10, 2013). Medical Futility in Minnesota: Legal Status of Consensus Publications: Guidelines, University of Minnesota Brennan Center, Family Assimilation Demands and Sexual Minority Youth, 98 Minneapolis, Minnesota (November 22, 2013). MINN. L. REV __ (forthcoming 2014). Dispute Resolution and Bioethics, Cardozo University School of Law, New York, New York (November 18, 2013). Other Professional Activities: The Progress of POLST Programs Across the Nation, Litigation Candidate for tenure-track appointment (including through Arising From Failure to Respect Patients’ Rights, DMOST AALS). Conference, Wilmington, Delaware (November 12, 2013). ۩ Futility in the ICU: Prevention, Procedure, and Policy, American College of Chest Physicians Annual Meeting, Chicago, Illinois (October 26-31, 2013). Tara Adams Ragone Top 10 Issues in Law and Bioethics, American Society of Research Fellow & Lecturer in Law, Center for Health & Bioethics & Humanities (ASBH) Annual Meeting, Atlanta, Pharmaceutical Law & Policy, Seton Hall University School of Georgia (October 24-27, 2013). Law Dispute Resolution and Medical Futility, Marquette University,

Milwaukee, Wisconsin (October 18, 2013). Honors, Grants, Awards: Health Care Reform Reprised: What Has Changed Since Last Along with John Jacobi and Kate Greenwood, working with the Year? Southeastern Association of Law Schools (SEALS) New Jersey Health Care Quality Institute and Applied Medical Annual Meeting, Palm Beach, Florida (August 4-10, 2013). Software, Inc. to provide legal and public policy analysis for Is There Room for Conscientious Objection in Critical Care community groups and health care providers interested in New Medicine? American Thoracic Society (ATS) International Jersey's Medicaid Accountable Care Organizations. This work Conference, Philadelphia, Pennsylvania (May 21, 2013). is funded by a grant from the Nicholson Foundation. The Status of Medical Futility in the United States, Annual Microsoft Corporation awarded a grant to the Center for Health Ethics Committee Retreat & Grand Rounds, University Of & Pharmaceutical Law & Policy to support research with Frank Vermont College of Medicine, Burlington, Vermont (May 10, Pasquale into protecting patient privacy in the age of cloud 2013). computing. The ACA and Public Health, Hamline University Health

Sciences, Saint Paul, Minnesota (April 22, 2013). 24

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Publications: Presentations: Protecting Health Privacy in an Era of Big Data Processing and GINA Revisited, Third National Conference on Genetics, Ethics, Cloud Computing, STAN. TECH. L. REV. (forthcoming) (with Frank & the Law, University of Virginia Law School, Invited Presenter, Pasquale). Charlottesville, VA. The Future of HIPAA in the Cloud (A White Paper by The Regulating Employee Health: Can Employers Discriminate on Center for Health & Pharmaceutical Law & Policy, 2013) (with the Basis of Unhealthy Conduct?, 2013 AALS Annual Meeting, Frank Pasquale). Section on Law, Medicine, & Health Care, Panelist, New Orleans, LA. Presentations: Health Law as Disability Rights Law, 2013 AALS Annual Federal and State Methodologies for Medical Loss Ratio Meeting, Section on Disability Law, Panelist, New Orleans, LA. Calculations, Rutgers Center for State Health Policy, Health ۩ Insurance Rate Review Forum: Loss Ratios (Apr. 10, 2013). Hot Topics in Legal Ethics for Health Care Attorneys, New Jersey Attorney General's Advocacy Institute (Aug. 8, 2013). Prescription Drug Monitoring Programs: Legal and Policy Karen Rothenberg Challenges, National Attorneys General Training and Research Marjorie Cook Professor of Law, University of Maryland Francis Institute's Public Health Law Fellowship (Nov. 11, 2013). King Carey School of Law and Visiting Scholar, Department of Bioethics, Clinical Center, NIH Senior Advisor to the Director on Genomics & Society, National ۩ Human Genome Research Institute, NIH

Edward Richards Publications: Director, Program in Law, Science and Public Health, Clarence Mixed Messages: The Intersection of Prenatal Genetic Testing W. Edwards Professor of Law, LSU Law Center and Abortion, (with R. Rebouche), 55 HOWARD L.J. 983 (2012) (Wiley A. Branton Symposium), available at Publications: http://digitalcommons.law.umaryland.edu/fac_pubs/1234/. The Hurricane Katrina Levee Breach Litigation: Getting the First Teaching Law Students To Be Policymakers: The Health and Geoengineering Liability Case Right ,160 UNIV. PENN. L. REV. Science Workshop on Genomic Research, (with B. Berkman), PENNUMBRA 267 (2012), available at SSRN: 40 J.L. MED. & ETHICS 147 (2012), available at http://ssrn.com/abstract=2004679. http://digitalcommons.law.umaryland.edu/fac_pubs/1198/. Contributing author, ACTING AS IF TOMORROW MATTERS: Manipulating Fate: Medical Innovations, Ethical Implications, ACCELERATING THE TRANSITION TO SUSTAINABILITY (2012). Theatrical Illuminations, (with L. Bush) 13 HOUSTON J. OF HEALTH L. & POL’Y 1 (2012), available at Presentations: http://digitalcommons.law.umaryland.edu/fac_pubs/1279/. Public Health Implications of Global Warming, American College of Legal Medicine, Annual Meeting, Las Vegas (Feb. 23, 2013). Presentations: Public Health Policy and Legislation as Tools to Drive An Interactive Play: Drama, Discourse and Genomics: From Population Health, Fifth Annual Childhood Obesity and Public IRBs to Ifs, (with L. Bush) the American Society of Human Health Conference, Pennington Biomedical Research Center, Genetics 62nd Annual Meeting, San Francisco, California, (Nov. Baton Rouge, La. (Oct 24, 2012). 9, 2012). It’s Not That Simple, Café Scientifique, Canadian Institutes of Other Professional Activities: Health Research, Montreal, Canada (Apr. 18, 2013). Course development in climate change and health. Participant, International Workshop on Exploring the Unique Social/Ethical and Health Systems Challenges of Low Cost ,Whole Genome Sequencing and Chair, Health System session ۩ Institute of Genetics - Canadian Institutes of Health Research and Genome Canada, Montreal, Canada (Apr. 19-20, 2013). Jessica Roberts Assistant Professor of Law, UH Law Center ۩

Publications: Healthism & The Law of Employment Discrimination, IOWA L. Sallie Thieme Sanford REV. (forthcoming 2014). Assistant Professor, University of Washington School of Law Health Law as Disability Rights Law, 97 MINN. L. REV. 101 (2013). Publications: Book Review, reviewing PERFECTING PREGNANCY: LAW, Designing Model Homes for the Changing Medical DISABILITY, & THE FUTURE OF REPRODUCTION (2012), 13 AM. J. Neighborhood: A Multi-Payer Pilot Offers Lessons for ACO and BIOETHICS 70 (2013) (invited contribution). PCMH Construction, 42 SETON HALL L. REV. 1519 (2012).

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Teaching Health Law in Rural Ethiopia: Using a PEPFAR farm-animals. Partnership Framework and India’s Shanbaug Decision to Shape a Course, 9 IND. HEALTH L. REV. 485 (2012). Presentations: Unexpected Twists in the Affordable Care Act Decision, JURIST, Invited Participant, Health Care Fragmentation after PPACA, July 13, 2012. Our Patchwork Health Care System: Benefits and Challenges, Understanding the Health Care Reform Litigation, JURIST, Feb. HOUSTON J. HEALTH L. & POLICY Symposium, Houston, Texas 16, 2012. (Sept. 28, 2013). Public Lecture, Overcoming Fragmentation in Health and Presentations: Disability Law, Health Care as a Right series, Department of The Affordable Care Act: Implications for Public Health, Philosophy, Agnes Scott College, Atlanta, Georgia (Nov. 27, Northwest Center for Public Health Practice’s Summer Institute 2012). Plenary Session, Seattle, WA (Aug. 6, 2013). Colloquium, Fragmentation: Conflicts Between Lived Emergency Response: Diaper Rash, Chest Pain and Medicaid Experience and Legal Protections, Institute for Liberal Arts, Payments in the Emergency Department, American Society of Emory University, Atlanta, Georgia (Nov. 16, 2012). Law, Medicine and Ethics’ 36th Annual Health Law Professors Class Lecture, Animals as Vulnerable Subjects, in Animals and Conference, Newark, NJ (June 8, 2013). Moral Behavior, Emory College, Emory University, Atlanta, State of Implementation: Primary and Preventative Care under Georgia (Nov. 6, 2012). the ACA, Northwest Regional Primary Care Association, Anchorage, AK (May, 20, 2013). Other Professional Activities: The Affordable Care Act at Three: Where Do We Come From? Georgia Drugs & Narcotics Agency, Electronic Database What Are We? Where Are We Going?, Faculty Colloquium, Review Advisory Committee, Appointed Member. University of Washington School of Law, Seattle, WA (May, 2, Center for Faculty Development and Excellence, Advisory 2013). Board, Appointed Member. Expansion States and Options to Address Affordability and Emory-Georgia Institute of Technology Healthcare Innovation Churn, Health Care Reform Roundtable: The State of the Program, Appointed Member. States, University of Maryland Law School, Baltimore, MD (Mar. New Disability Studies Initiative, Steering Committee Member. 1, 2013). Faculty Advisor for Student Animal Legal Defense Fund, Legal Association for Women Students, and Health Law Students .Association Scholarship and Colloquium Committee ۩

۩ Ani B. Satz Associate Professor, Emory University School of Law Richard Saver Grants, Honors, Awards: Arch T. Allen Distinguished Professor, University of North Appointed Member (Special Government Employee), Advisory Carolina School of Law Committee to the Director, Centers for Disease Control and Prevention (CDC)—Ethics Subcommittee. Promotion: Recipient, Public Voices Thought Leadership Fellowship, Emory Awarded Chair—Arch T. Allen Distinguished Professor University. Publications: Publications: Shadows amid Sunshine: Regulating Financial Conflicts in DISABILITY AND DISCRIMINATION: CASES AND MATERIALS, Medical Research, __ CHEST __ (forthcoming 2013). (forthcoming 2015). Vulnerability, in KEYWORDS IN DISABILITY, (Ben Reiss, Rachel Presentations: Adams & Ben Serlin eds., forthcoming 2014). Shadows Amid Sunshine and Regulating Conflicts of Interest in Animals as Vulnerable Subjects: Beyond Interest-Convergence, Medical Research, UNC School of Medicine, Social Medicine Hierarchy, and Property, in THE VULNERABILITY THESIS: Forum (Oct. 2013). RETHINKING THE LEGAL SUBJECT (Martha A. Fineman & Anna Introduction to Health Care Decisions in the New Era of Health Grear eds., forthcoming 2013). Care Reform, North Carolina Law Review Symposium (Oct. Disability, Vulnerability, and Legal Fragmentation: Toward 2013). Accessing Education, Work, and Health Care, in RIGHTING Health Care Reform and Bundled Payments, SEALS Health EDUCATIONAL WRONGS: DISABILITY STUDIES IN LAW AND EDUCATION Care Reform Roundtable (Aug. 2013). (Arlene S. Kanter & Beth A. Ferri eds., forthcoming 2013) The Uptake Problem for Evidence-Based Practice, ASLME Gag the 'Ag-gag' Laws that Bar Undercover Recording of Health Law Professors Conference (June 2013). Cruelty to Farm Animals, CHRISTIAN SCI. MONITOR, July 5, 2013, available at Other Professional Activities: http://www.csmonitor.com/Commentary/Opinion/2013/0705/Gag Serving on new editorial board for CAROLINA JOURNAL OF MEDICAL -the-ag-gag-laws-that-bar-undercover-recording-of-cruelty-to- HISTORY.

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Co-faculty advisor, 2013 NORTH CAROLINA LAW REVIEW Publications: Symposium: Health Care Decisions in the New Era of Health The Tobacco Diaries: Lessons Learned and Applied to Care Reform. Regulation of Dietary Supplements, __ MD. L. REV. ENDNOTES __ (forthcoming 2013). ۩ Presentations: Playing Politics: How the Political Game Impacts the Nadia N. Sawicki Advancement of Science, Southeastern Association of Law Assistant Professor, Loyola University Chicago School of Law, Schools Annual Meeting, Palm Beach, FL. (Aug. 2013). Beazley Institute for Health Law and Policy How Politics Impacts the Advancement of Biomedical Science, ASLME 2013 Health Law Professors Conference, Seton Hall Grants, Honors, Awards: Law School (June 2013). Junior Scholar in Bioethics, Wake Forest University (2013). The Tobacco Diaries: Lessons Learned and Applied to Regulation of Dietary Supplements, The Food and Drug Publications: Administration in the 21st Century, Harvard Law School (May Compelling Images: The Constitutionality of Emotionally 2013). Persuasive Health Campaigns, __ MD. L. REV. __ (forthcoming ۩ .(2013 A New Life for Wrongful Living, __ N.Y.L. SCH. L. REV. __ (forthcoming 2013). Charity Scott Presentations: Director, Center for Law, Health & Society and Catherine C. Panelist, Reproductive Rights and Justice for Low Income Henson Professor of Law, Georgia State University College of Women Accessible Under the Medicaid Expansion, Loyola Law University Chicago Public Interest Law Reporter Symposium (Nov. 2013). Grants, Honors, Awards: Compelling Images: The Constitutionality of Emotionally Awarded Robert Wood Johnson Foundation grant to lead “The Persuasive Health Campaigns, Loyola University Chicago Future of Public Health Law Education Faculty Fellowship Constitutional Law Colloquium (Nov. 2013). Program” (see Call for Applications below). Strong of Spirit, Weak of Will: A Virtue Ethics Account of Conscience Claims, American Society for Bioethics and the Publications: Humanities Annual Conference (Oct. 2013). Ethics Consultations and Conflict Engagement in Health Care, Ethical Limitations on the State’s Use of Arational Persuasion, __ CARDOZO ONLINE J. CONFLICT RESOL. __ (forthcoming 2013). American Bar Foundation (Oct. 2013). Strong of Spirit, Weak of Will: An Alternate Account of Presentations: Conscience Claims, American Society of Law, Medicine & Bioethics and ADR in Health Care, Benjamin Cardozo School of Ethics Health Law Professors Conference (June 2013). Law Symposium (Nov. 2013). Strong of Spirit, Weak of Will: An Alternate Account of Preparation for Practice: Incorporating Knowledge, Skills and Conscience Claims, University of Chicago Conference on Values in Public Health Law Education, APHA Annual Meeting Medicine and Religion (May 2013). (Nov. 2013). The Ethics of Arational Persuasion, Midwest Political Science Law, Ethics, and Politics in Reproductive Rights, Emory Association (Apr. 2013). University School of Medicine (Aug. 2013). Pathos and Government Persuasion, Chicago Junior Faculty The Joint Commission’s Leadership Standard on Conflict Workshop (Apr. 2013). Management: Empowering Medical Staff Leaders to Advocate Pathos and Government Persuasion, Wake Forest Junior to ‘Yes’, ABA Physician Legal Issues 2013 Conference, co- Scholars in Bioethics Workshop (Mar. 2013). sponsored by ABA Health Law Section, AMA Organized Compelling Images: The Constitutionality of Emotionally Medical Staff Section (2013 Annual AMA Meeting), and Chicago Persuasive Health Campaigns, Albany Law School (Feb. 2013). Medical Society (June 2013). The Future of Public Health Law Education: New Faculty Fellowships Program, 36th Annual Health Law Professors ۩ Conference, ASLME and Seton Hall University School of Law (June 2013). Joanna Sax Early Resolutions of Claims of Medical Error: Collaborations Associate Professor, California Western School of Law among Hospitals, Physicians, Insurers & Their Attorneys, Medical Association of Georgia (Apr. 2013). Promotion: Engaging with Conflict in Health Care: An Ethics Perspective, Tenure (faculty recommendation pending approval by Board of Emory University School of Law (Mar. 2013). Trustees). Attorney as Conflict Coach: Expanding the Role & Skills of Health Lawyers in a Climate of Rapid Change, 14th Annual

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Conference on Emerging Issues in Healthcare Law, ABA Health Publications Law Section (Feb. 2013). Asking the Right Questions: Body Scanners, Is Salus Populi Supreme Lex the Answer?, 22 HEALTH MATRIX 443 (2013). Other Professional Activities: Chair, newly established ABA Health Law Section’s Task Force Other Professional Activities: on ADR and Conflict Management in Health Care. The TTU Museum featured the work of Prof. Sutton in a special exhibit entitled, Biosecurity—Law in the Defense Against Bioterrorism and Emerging Infectious Diseases, from April 19- ۩ October 12, 2013. http://www.depts.ttu.edu/museumttu/exhsch10.html. Elizabeth Sepper Associate Professor, Washington University School of Law Program News: Center for Biodefense, Law and Public Policy celebrated its 10th Publications: Anniversary. Symposium, Contraception and the Birth of Corporate ۩ Conscience, AM. J. OF GENDER, SOC. POL’Y & THE L. (forthcoming 2013), available at http://ssrn.com/abstract=2289383. Invited Symposium Contribution, Not Only the Doctor's Dilemma: The Complexity of Conscience in Medicine, 4 Nicolas P. Terry FAULKNER L. REV. 385 (2013). Hall Render Professor of Law & Co-Director, Hall Center for Rhetoric Versus Reality: The Contraception Benefit and Law and Health, Indiana University Robert H. McKinney School Religious Freedom, RELIGION & POLITICS, Apr. 9, 2013 (with of Law Alisha Johnson). Grants, Honors, Awards: Honorary Fellow and S. Sandy Sanbar Lecturer 2013, American ۩ College of Legal Medicine

Roy G. Spece, Jr. Publications: Professor of Law, University of Arizona James E. Rogers Big Data Proxies and Health Privacy Exceptionalism, __ HEALTH College of Law MATRIX __ (forthcoming 2014). Protecting Patient Privacy in the Age of Big Data, 81 U.M.K.C. Publications: L. REV. 385 (2013) (Symposium: The Next Four Years: A Cross- Would Disclosures Of Conflicts Of Interest Change Patients’ Practice Analysis of Legal Issues Relevant to this Presidential Decisions And, If So, Would That Make Them “Material” Term). Information?, accepted for presentation (by co-author Meaningful Adoption: What We Know or Think We Know about Christopher Robertson) at the 2013 Conference for Empirical the Financing, Effectiveness, Quality, and Safety of Electronic Studies (with Robertson, Yokum and Okoro). Medical Records, 34 J. LEGAL MED. 7 (2013). Comparing Certain Aspects of U.S. and Costa Rican Medical Information Technology’s Failure to Disrupt Healthcare,13 NEV. Malpractice Compensation Systems: Bad News for Costa L.J. 722 (2013). Ricans and Medical Tourists to Costa Rica?, Arizona Legal Studies Discussion Paper No. 13-01 (2013) (co-author, with Presentations: Federico Torrealba, Carmen Garcia Downing, & Rose Marie Presenter, Fragmented Care and the Potential of Health IT, Ibanez), available on SSRN and forthcoming in the ARIZ. J. INT’L University of Houston HJHLP Symposium Workshop, San & COMP. L. Antonio (Sept. 28, 2013). Direct and Enhanced Disclosure of Researcher Financial Presenter, Applying Disruption Theory to Mobile Health, Conflicts of Interest: The Role of Trust, ___ HEALTH MATRIX ___ Radcliffe Seminar on Mobile Health, Harvard University (Sept. (forthcoming 2013). 20, 2013). Panelist, Health Law Workshop of Health Care Reform, SEALS .(Aug. 9, 2013) ۩ Victoria Sutton Presenter and Panel Organizer, Medico-Legal Implications of Social Media, IALMH, Amsterdam (July 2013). Paul Whitfield Horn Professor, Texas Tech University School of Panelist, Data, Privacy, and Health Technology Update, Health Law Law Teachers Conference, Seton Hall University School of Law Grants, Honors, Awards: (Jun. 8, 2013). Panelist, The Omnibus Privacy Rule -- Are We Done Now?, “Vaccine Law, Policy and Ethics Initiative” award for $50,000 from Texas A&M University. Health Privacy Summit, Georgetown Law School (Jun. 6, 2013). Panelist, Big Data’s Challenge to U.S. Health Privacy “Law, Policy, and Ethics Core” NIH/NIIAD award for approx. Exceptionalism, LL.M. 10th Anniversary Celebration, IU $50,000 through the Western Regional Center for Biodefense and Emerging Infectious Diseases. McKinney School of Law (Apr. 9, 2013).

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Panelist, Medically Inflected Big Data, Case Western Reserve OR. L. REV. 813 (2013). School of Law Health Care Symposium on Secondary Uses of Conflicts of Interest in Medicine, Research, and Law: A Health Care Data (Apr. 5, 2013). Comparison, 117 PENN ST. L. REV. 1291 (2013). Panelist, The Future of HIPAA and The Cloud, Microsoft Introduction: Under the Knife: Health Law, Health Care Reform, Innovation & Policy Center, Washington, D.C. (Mar. 22, 2013). and Beyond, 13 NEV. L.J. 641 (2013). Patient Centered Care and Personal Health Technologies, Rights of Patients with Mental Health Conditions, in Vol. II Faculty Workshop, Poynter Center for The Study of Ethics and MENTAL HEALTH CARE ISSUES IN AMERICA: AN ENCYCLOPEDIA 690 American Institutions, IU-Bloomington (Mar. 21, 2013). (Michael Shally-Jensen ed., 2013). About the Emperor’s New Clothes: Why Health Information Insurance and Parity Laws, in Vol. I MENTAL HEALTH CARE ISSUES Technology Has Failed to Transform Health Care, S. Sandy IN AMERICA: AN ENCYCLOPEDIA 350 (Michael Shally-Jensen ed., Sanbar Lecture 2013, Annual Meeting of the American College 2013). of Legal Medicine - ACLM 2013, Planet Hollywood Resort & Casino, Las Vegas (Feb. 23, 2013). Presentations: About the Emperor’s New Clothes: Why Health Information Substance Use and the Affordable Care Act: Clinical and Legal Technology Has Failed to Transform Health Care, IU Center for Issues, Continuing Legal Education, William S. Boyd School of Bioethics Faculty Workshop (Jan. 28, 2013). Law, University of Nevada, Las Vegas (Nov. 22, 2013). Patient Privacy Rights (PPR) panel, Health Care, the Cloud, and Guest Lectures, Law, Ethics, and Brain Policy class and Health Privacy, Washington, D.C. (Jan. 7, 2013) (with Joy Pritts, Chief Law LL.M. class, Health Law and Policy Institute, University of Privacy Officer ONC; Deborah C. Peel, MD, founder and chair Houston Law Center, Houston, Tex. (Nov. 12, 2013). of Patient Privacy Rights; and Lillie Coney, associate director of Public and Private Mental Health Disparities after the Affordable the Electronic Privacy Information Center). Care Act, American Society for Bioethics and Humanities Fifteenth Annual Meeting, Atlanta, Ga. (Oct. 26, 2013). Neuroscience, Neuroimaging, and the Physical/Mental ۩ Dichotomy in Civil and Regulatory Health Law, Will Neuroscience Redefine Mental Injury Conference, sponsored by Jonathan Todres the Hall Center for Law and Health, Robert H. McKinney School Associate Professor of Law, Georgia State University College of of Law, Indiana University, Indianapolis, Ind. (Oct. 4, 2013). Law Tips for Aspiring Law Professors, Aspiring Law Professors Conference, Sandra Day O'Connor College of Law, Arizona Publications: State University, Tempe, Ariz. (Sept. 28, 2013). A Person’s A Person: Children’s Rights in Children’s Literature, Insurance Coverage of Addictive Behaviors under the 45 COLUM. HUM. RTS. L. REV. (forthcoming 2013) (with Sarah Affordable Care Act, National Center for Responsible Gaming Higinbotham). Annual Conference, Sands Hotel and Casino, Las Vegas, Nev. Human Rights, Labor, and the Prevention of Human Trafficking: (Sept. 23, 2013). A Response to A Labor Paradigm for Human Trafficking, 60 State Implementation of Essential Health Benefits, Health Care UCLA L. REV. DISCOURSE 142 (2013). Reform Reprised Workshop, Southeastern Association of Law A Public Health Approach to Human Trafficking, 12 GLOBAL EYE Schools 66th Annual Conference, Palm Beach, Fla. (Aug. 4-10, ON HUM. TRAFFICKING 10 (International Organization for 2013). Migration, 2013). Public and Private Mental Health Benefit Disparities after the Affordable Care Act, Values in Medicine, Science, and Other Professional Activities: Technology Conference, The University of Texas at Dallas, Jonathan recently served on the Institute of Medicine and Richardson, Tex. (May 22-24, 2013). National Research Council study committee on commercial Mental Health Parity Law and Essential Mental Health sexual exploitation and sex trafficking of minors in the United Insurance Benefits under ACA, Nevada Psychological States. The study committee issued its report in September Association Annual Conference, Las Vegas, Nev. (May 10, 2013. In 2013, Jonathan has also served as Chair of the AALS 2013). Section on Children and the Law. Mental Health Parity Law and Essential Mental Health Insurance Benefits under ACA, Florida International University .(College of Law, Miami, Fla. (Apr. 23, 2013 ۩ Commentary: The Promise and Limits of Brain Science Stacey Tovino Research in Determining Juvenile Court Policy, Juvenile Justice Workshop, William S. Boyd School of Law, University of Lincy Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas Nevada, Las Vegas (Apr. 12, 2013). Shaping Mental Disability's Legal Discourse, Including Disability:

Publications: How Legal Discourse Can Shape Life’s Transitions Conference, The Law and Ethics of Grateful Patient Fundraising (under UCLA School of Law, Los Angeles, Cal. (Mar. 22-23, 2013). A U.S. History of Health Privacy and Health Information review). Confidentiality Laws: 1880 to Present, Southern Association for A "Common" Proposal, 50 HOUSTON L. REV. 787 (2013). Gone Too Far: Federal Regulation of Health Care Attorneys, 91 the History of Medicine and Science Fifteenth Annual Meeting, Charleston, S.C. (Feb. 21-23, 2013). 29

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The Bi-Directional Relationship between Tort Law and Health Bioethics at Harvard Law School Annual Conference (May 3-4, Law, Torts and Compensation Systems Section Meeting, AALS 2013). Annual Conference, New Orleans, La. (Jan. 6, 2013). The Persistent Problem of Needle-Tenderized Meat, Food Law Symposium, University of Maine Law School (Feb. 23, 2013). Waving the White Flag: When Private Enforcement Cannot Fix ۩ Agency Inertia, New Voices in Administrative Law Workshop, 2013 AALS Annual Meeting, New Orleans, LA (Jan. 5, 2013). Vickie J. Williams ۩ Associate Professor of Law, Gonzaga University School of Law

Publications: The "Jurassic Park" Problem--Dual-Use Research of Concern, Leslie Wolf Privately Funded Research and Protecting Public Health, 53 Professor, Georgia State University College of Law JURIMETRICS 361 (2013). Dual Use Research of Concern, Public Health, and the Doctrine Publications: of Unconstitutional Conditions, 7 ST. LOUIS U. J. HEALTH L. & Syringe Exchange Programs: A Necessary Component toward POL’Y (forthcoming 2014). an AIDS-Free Generation, 22(2) ANNALS HEALTH L. 307 (2013) (with R.L. Hulkower). Presentations: The Roles and Responsibilities of Physicians in Patient’s Restricting the Publication of DURC and the Doctrine of Decisions about Unproven Stem Cell Therapies (with A.D. Unconstitutional Conditions, St. Louis University School of Law Levine), in THE GLOBALIZATION OF HEALTH CARE: LEGAL AND 25th Annual Health Law Symposium, St. Louis, MO (Feb. 2013). ETHICAL ISSUES (I.G. Cohen ed., 2013) (adapted from 40(1) J. L. MED. & ETHICS 122 (2012)). Redressing Past Wrongs: Changing the Common Rule to ۩ Increase Minority Voices in Research, AM. J. PUB. HEALTH (in press, 2013) (with W.C. Rencher). Diana R. H. Winters Biobanking, Consent and Certificates of Confidentiality: Does Associate Professor, Indiana University Robert H. McKinney the ANPRM Muddy the Water?, 41(2) J. L. MED. & ETHICS 440 School of Law (2013) (with B.A. Williams). Commentary, To disclose HCV infection or not? Who decides?, Publications: 95(3) ANNALS OF THORACIC SURGERY 777 (2013). How Reliance on the Private Enforcement of Public Regulatory Certificates of Confidentiality and informed consent: Institutional Programs Undermines Food Safety in the United States – The and professional perspectives, IRB: ETHICS AND HUMAN Persistent Problem of Needle-Tenderized Meat, 65 ME. L. REV. RESEARCH (forthcoming 2013) (with D. K. Check, L. A. Dame & 719 (2013) (Food Law Symposium issue). L. M. Beskow). False Certainty: Judicial Forcing of the Quantification of Risk, 85 Recent Developments in Health Care Law: Culture and TEMPLE L. REV. 315 (2013). Controversy (Major Developments in Stem Cell Research), 25(1) HEC FORUM 1 (2013) (with R.M. Berry, L. Bliss, S. Caley & Presentations: P. A. Lombardo). Why the Food Safety Modernization Act Isn’t Enough: The Need for a New Paradigm, Yale Food Systems Symposium, Presentations: organized by Yale’s School of Forestry & Environmental Invited Phone Presentation, Certificates of Confidentiality, Studies, in partnership with the Yale Sustainable Food Project Secretary’s Advisory Committee on Human Research (Oct. 18-19, 2013). Protections Joint Subpart A Subcommittee and Subcommittee A Necessary State: Maintaining the Balance between Federal on Harmonization Meeting, Rockville, MD (Feb. 2013). Regulation and State Law Requirements in the Wake of Mutual Federal Funds for Syringe Exchange Programs: A Necessary Pharmaceutical Company v. Bartlett, Health Law Scholars Component Toward Achieving an AIDS-Free Generation, Workshop, American Society of Law, Medicine and Ethics, Saint American Society for Bioethics and Humanities Annual Meeting, Louis University School of Law (Oct.10-12, 2013). Atlanta, GA (Oct. 2013). A Word of Caution: Existing Tort Liability Schemes and FDA The Roles and Responsibilities of Physicians in Patient's Risk/Benefit Determinations, New Scholars Program, Decisions about Unproven Stem Cell Therapies, World Medical Southeastern Association of Law Schools Annual Meeting, Palm Tourism & Global Healthcare Congress, Las Vegas, NV (Nov. Beach, FL (Aug. 8, 2013). 2013). Suing the FDA: When Private Enforcement Cannot Overcome ۩ ,Agency Inertia, Annual Health Law Professors Conference American Society of Law, Medicine and Ethics, Seton Hall Law School (June 7, 2013). From Industrial to Artisanal: Food Regulation and the Problem of Scale, The Food and Drug Administration in the 21st Century, Petrie-Flom Center for Health Law Policy, Biotechnology, and 30

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Health and E-Rare. Susan M. Wolf The Debate Over Return of Results & Incidental Findings, NIH, McKnight Presidential Professor of Law, Medicine, & Public NIAID. Policy and Faegre Baker Daniels Professor of Law, University of Translating Research into Health Benefits: Returning Research Minnesota School of Law; Professor of Medicine, University of Results & Incidental Findings, Robert Wood Johnson Minnesota Medical School Foundation. Returning Individual Results & Incidental Findings to Grants, Honors, Awards: Participants in Genetic Research, Stanford Law School. NIH, National Cancer Institute (NCI) & National Human Genome The Debate Over Return of Results & Incidental Findings, Research Institute (NHGRI) (#1-R01-CA154517) (2011-16), on University of Virginia Law School. Disclosing Genomic Incidental Findings in a Cancer Biobank: Returning Individual Results & Incidental Findings to An ELSI Experiment (Gloria Petersen (Mayo), Barbara Koenig Participants in Genetic Research, Harvard Medical School. (UCSF) & Susan M. Wolf, PIs). Ethical Challenges in Translational Genomics: Return of Results Robert Wood Johnson Foundation (RWJF) Investigator Award & Incidental Findings, Ohio State University. in Health Policy Research (2012-14), on Translating Research Consent in Whole Genome Sequencing: The Debate Over into Health Benefits: Returning Research Results & Incidental Return of Results & Incidental Findings, Genetic Alliance. Findings (Susan M. Wolf, PI). Returning Individual Results & Incidental Findings to Participants in Genomic Biobank Research, PRIM&R. Publications: THE HASTINGS CENTER GUIDELINES FOR DECISIONS ON LIFE- Other Professional Activities: SUSTAINING TREATMENT AND CARE NEAR THE END OF LIFE (2d ed., Member, National Science Advisory Board for Biosecurity 2013) (with Nancy Berlinger & Bruce Jennings) (NSABB), appointed by Secretary of Health & Human Susan M. Wolf et al., Patient Autonomy and Incidental Findings Services. in Clinical Genomics, 340 SCIENCE 1049 (2013). Member, Committee for Review of the Appropriate Use of the Michael L. Etheridge,..., Susan M. Wolf, et al., The Big Picture Armed Forces Institute of Pathology’s (AFIP’s) Tissue on Small Medicine: Analyzing the Landscape of Approved and Repository, Institute of Medicine (IOM). Clinical Nanomedicine Products, 9(1) NANOMED.: NANOTECH. Co-Director, Brocher Centre Workshop on Returning Genetic BIOLOGY & MED. 1 (2013). Results in Biobanks: Opening an International Dialogue, Nov. Susan M. Wolf et al., eds., Symposium, Nanodiagnostics and 2013 (funded by Brocher Foundation, NIH, Wellcome Trust, Nanotherapeutics: Building Research Ethics & Oversight, 40 J. Swiss Academy of Medical Sciences), Switzerland. L. MED. & ETHICS 712 (2012). Participating investigator, NIH/NHGRI/NCI Return of Results Susan M. Wolf et al., eds., Symposium, Managing Incidental (RoR) Consortium. Findings and Research Results in Genomic Research Involving ۩ .(Biobanks & Archived Datasets, 14 GENETICS IN MED. 355 (2012 The Role of Law in the Debate over the Return of Research Results and Incidental Findings: The Challenge of Developing Law for Translational Science, 13 MINN. J.L. SCI. & TECH. 435 Ruquaiijah Yearby (2012). Associate Director of the Law-Medicine Center, Professor of Susan M. Wolf et al., Managing Incidental Findings and Law, Case Western Reserve University School of Law Research Results in Genomic Research Involving Biobanks & Archived Datasets, 14 GENETICS IN MED. 361 (2012). Publications: Mapping the Inputs, Analyses, and Outputs of Biobank Sick and Tired of Being Sick and Tired: Putting an End to Research Systems To Identify Sources of Incidental Findings Separate and Unequal Health Care in the United States 50 and Individual Research Results for Potential Return, 14 Years After the Civil Rights Act of 1964 (forthcoming). GENETICS IN MED. 385 (2012) (with Heather R. Bemmels & Brian Van Ness). Presentations: The Past, Present and Future of the Debate over Return of Missing the Target: Preventing the Exploitive Targeting of Research Results & Incidental Findings, 14 GENETICS IN MED. Vulnerable Children for Medical Research Studies, Seton Hall 355 (2012). School of Law, Newark, New Jersey (June 7, 2013). Leili Fatehi, Susan M. Wolf et al., Recommendations for Separate and Unequal Health Care in a ‘Post-Racial’ World: Nanomedicine Human Subjects Research Oversight: An The Paradox of Fixing Racial Disparities in Health without Evolutionary Approach for an Emerging Field, 40 J.L. MED. & Addressing Racial Bias, Case Western Reserve University ETHICS 716 (2012). School of Law, (Aug. 30, 2013). Health Care Reform: An Opportunity to Move Past Race to Presentations: Realize the Benefit of Personalized Medicine, Case Western Preserving Patient Autonomy in Clinical Sequencing: Problems Reserve University School of Medicine (Sept. 10, 2013). in ACMG’s Position on Incidental Findings, Institute of Medicine (IOM). Dealing with Return of Results and Incidental Findings: Ethics in Exome and Whole Genome Sequencing, Israeli Ministry of 31

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have made significant contributions in the fields of health law Program News and policy. It was established in 1986 with generous gifts from law school alumni, friends, and colleagues of Professor Schroeder in recognition of his dedicated service to the School of Law. Boston University School of Law The 2013 Schroeder Scholar was David Blumenthal, MD, MPP, President of the Commonwealth Fund, a health care Recent Program News & Events: philanthropy based in New York City. Dr. Blumenthal delivered a lecture entitled, “Rationing v Reengineering: the 21st Century Medical Ethics and Medical Practice at Guantanamo, December Challenge for American Health Care.” Prior to becoming the 2, 2013, National Academy of Sciences, Washington DC; president of the Commonwealth Fund Dr. Blumenthal was the sponsored by The Constitution Project, the Committee on White House National Coordinator for Health Information Human Rights of the National Academies, and Global Lawyers Technology. and Physicians, and the Department of Health Law, Bioethics & Human Rights, Boston University School of Public Health. Panelists discuss development and implementation of the Affordable Care Act at Elena and Miles Zaremski Law- Medical Ethics and Practice Challenges of Hunger Strikers in Medicine Forum US and Military Prisons, April 2013; National Academies, Washington DC; sponsored by the Committee on Human Rights Panelists with expertise in medicine, insurance, government, of the National Academies, Global Lawyers and Physicians, and health care finance assembled to discuss the passage and and the Department of Health Law, Bioethics & Human Rights, implementation of the Patient Protection and Affordable Care Boston University School of Public Health. Act at the Elena and Miles Zaremski Law Medicine Forum on September 26, 2013. With Healthcare Marketplaces going live ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ on October 1, the topic generated lively discussion and interest from the audience. Case Western Reserve University School of Panelists explained how the current law was debated and Law, The Law-Medicine Center passed in Congress and how its implementation will affect Americans at all income levels, at all ages, and degrees of Program News: health. Also discussed was the formula used to calculate costs and benefits to each American under the new law. Case Western Reserve University has introduced an S.J.D. in Health Law. The S.J.D. in Health Law is designed to give The forum was sponsored by Miles Zaremski, a 1973 graduate lawyers the opportunity to complete the highest degree in law in of Case Western Reserve School of Law who is a health care the specialized field of Health Law. It is designed primarily for attorney, respected national columnist and one of the foremost those who wish to work in academia, research, or health policy. experts in the country on health care policy and law. Mr. The program is open only to candidates who have completed a Zaremski also served as a panelist. Other panelists included J.D. or equivalent law degree and who demonstrate the ability to Patricia Decensi, Vice President and Assistant General successfully engage in rigorous scholarly work by holding a Counsel, Medical Mutual; J.B. Silvers, PhD, John R. Mannix Master of Laws (LL.M.) degree in Health Law or by having other Medical Mutual of Ohio Professor of Healthcare Finance, Case suitable academic or work experience. Western Reserve University Weatherhead School of Management and Case Western Reserve University School of S.J.D. students as Case Western Reserve University School of Medicine; and Joseph White, Department Chair, Luxenberg Law will benefit from the law school’s presence within a major Family Professor of Public Policy, Professor of Epidemiology research university with extensive programs and resources in and Biostatistics and Director of the Center for Policy Studies, the fields of medicine, health policy, health care management, Case Western Reserve Department of Political Science. public health, and bioscience. S.J.D. candidates will study and interact with faculty and staff at the law school and other Sick and Tired of Being Sick and Tired: Putting an End to graduate and professional schools at Case Western Reserve Separate and Unequal Health Care in the United States 50 University, with J.D. students, and with other graduate and Years after the Civil Rights Act of 1964 professional students, thereby enriching the academic experience for both the candidates and their academic With the enactment of Title VI of the Civil Rights Act of 1964, colleagues. federal law mandated equal access to health care regardless of race. Fifty years later, access to health care remains separate Oliver C. Schroeder Scholar-In-Residence Lecture, and unequal because of racial bias. As a result, racial disparities October 10, 2013 in health care persist. The 2014 Law-Medicine Symposium will commemorate the fiftieth anniversary of Title VI of the Civil An integral part of the Law-Medicine Center, the Oliver C. Rights Act by challenging the status quo of separate and Schroeder, Jr. Scholar-in-Residence honors individuals who unequal health care in the United States. 32

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The program will feature legal, medical and public health Georgia State University College of Law, scholars, practitioners, policy makers, and community leaders who will analyze the continuation of separate and unequal Center for Law, Health & Society health care in the United States and develop concrete solutions to put an end to this system. The Law-Medicine Symposium will Recent News: be held Friday, March 28, 2014 from 8:30 a.m. – 5:30 p.m. in the Moot Courtroom (A59) at the Case Western Reserve The Future of Public Health Law Education: Faculty Fellowship University School of Law. Program (funded by Robert Wood Johnson Foundation). Call for Applications from law faculty and public health faculty at ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ www.law.gsu.edu/PHLFellowship.

Documentary Film, “The Health Law Partnership” (aired Sept. Georgetown University O’Neill Institute for 2013). National and Global Health Law Launch of new dual-degree program in law and public health (Fall 2013). Conferences & Activities

Recent Events: The O’Neill Institute continues to reflect the importance of public and private law in health policy analysis. The essential vision for Panel, Copyrighting DNA: Protecting Synthetic DNA Sequences the O’Neill Institute rests upon the proposition that the law has as a Work of Authorship (Jan. 2013). been, and will remain, a fundamental tool for solving critical health problems in our local, national, and global communities. CDC Panel, Designing Healthy Communities (March 2013).

Our annual Summer Program on Global Health Law and Panel, Point-Counterpoint in Medical Malpractice: Views from Governance, held June 17-21, was a great success. Under the Plaintiff and Defense Bars (April 2013) direction of Benn McGrady, Lawrence Gostin, and Oscar

Cabrera, over 40 national and international participants with an Elizabeth Pendo, Disability Equity Measures: Collecting New impressive range of experience and expertise undertook our Data to Address Disability Disparities in Health Care (Sept. week-long immersion course. This year's topic explored 2013). emerging issues in NCDs and the law. For additional information about this year's program and information about our Panel, The Supreme Court's Decision in FTC v. Phoebe Putney upcoming Summer Program, please visit and Implications for Antitrust Law and Policy (Sept. 2013). http://www.law.georgetown.edu/oneillinstitute/summerprogram/.

Michelle Mello and Thomas Gallagher, Early Resolutions of If you’d like to stay up to date with the O’Neill Institute, please Potential Claims of Medical Error (Oct. 2013). check our website, www.oneillinstitute.org, sign up for our listserv, and follow us on Facebook. Michelle Mello, The Nanny State? Public Views on Legal Interventions to Fight Obesity and Chronic Disease (Oct. 2013). Global Health Law LL.M. Programs

Debra Gerardi, Conflict Engagement through Applied Georgetown Law is now accepting applications for our Global Improvisation: An Interactive Workshop for Attorneys and Health Law LL.M. Program and our Global Health Law and Mediators. International Institutions Program, jointly offered with the

Graduate Institute of International and Development Studies Sam Meizel, The Fate of the Health Care Industry after the (IHEID) in Geneva, Switzerland. Affordable Care Act: Where Does It Go from Here and Why?

In addition, the O'Neill Institute is further developing its Paul Lombardo, The Historical Legacy of Public Health and curriculum and programs in Food and Drug Law and the Eugenics (Nov. 2013). Affordable Care Act.

Panel, The Role of Risk Managers in Health Care (Nov. 2013). For more information about Georgetown's Global Health Law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ programs, please visit http://www.law.georgetown.edu/graduate/globalhealth.htm. Please feel free to contact Georgetown’s Global Health Law LL.M. Program Director, Tanya Baytor ([email protected]) with any questions.

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Hamline University School of Law, March 6, 2014: HIPAA Privacy Update featuring Jerome Meites, Chief Regional Civil Rights Counsel, Office of the General Health Law Institute Counsel, Region V, U.S. Department of Health & Human Services Announcements: October 24, 2014: The Health Law Institute and Hamline Law Hamline Law’s three renowned institutes – business law, Review will be hosting their biennial Symposium titled Health dispute resolution, and health law – offer renewable full-ride Care Reform: Implementation in Minnesota. Their 2012 scholarships to incoming students who express a demonstrated Symposium, Legal, Medical, and Ethical Issues in Minnesota interest in those specialized areas. After meeting with institute End-of-Life Care was very successful and welcomed nearly 20 directors, students selected for the institute scholarships may be nationally recognized expert speakers and over 200 guests to eligible for further opportunities such as research assistantships, campus. The Hamline Law Review Issue 2 of Volume 36 was externships, and alumni mentors. released in October 2013 and serves as a complement to the November 2012 Symposium. Honors & Awards: Past Events: The Minnesota Business Magazine named the Hamline Health Law Institute as a finalist in their 2013 Leaders in Health Care (Visit our Events page on law.hamline.edu/healthlaw to view Awards Education & Workforce Development category. This video recordings and photos from past events.) category recognizes organizations that are significantly helping to engage and train workers for the future of Minnesota's health November 21, 2013: The annual Hamline Law Dean’s Dinner is care industry. a celebration of the transforming force of new ideas and imagination in the law. The event will feature prominent Thaddeus Pope, HLI Director, has been awarded a $50,000 oncologist and political scientist Dr. Ezekiel Emanuel. Dr. grant from the Greenwall Foundation to fund a new bioethics Emanuel has a long record of experience at the top levels of grants program, "Making a Difference in Real-World Bioethics policy, and provides a uniquely thoughtful perspective on the Dilemmas." most difficult issues in health care today.

Curriculum: October 14, 2013: Complementary and Alternative Natural Healing Arts: Legal Challenges for Practitioners and Consumers The Hamline Health Law Institute is pleased to offer a variety of presented by Diane Miller, Legal & Public Policy Director of the specialty, condensed courses in J-Term and Summer 2014. National Health Freedom Coalition, Hamline Law Alumna ‘90 Courses include: HIPAA Privacy (online), Food Law, Fraud and Abuse, Elder Law, Biotechnology Policy, and the Health Care October 3, 2013: Bodies, Liberal Political Theory, and Public Compliance Summer Institute. Health Law, Presented by Dr. Alisa Rosenthal, Gustavus Adolphus College The award-winning Online Health Care Compliance Certificate Program is now accepting applications for its next cohort of September 30, 2013: State-Level Attacks on Reproductive students beginning in May 2014. Our in-depth, 12-credit Choice: Where Are We and How Did We Get Here? presented program can be completed in just one year and combines online by Jessica Pieklo, Senior Legal Analyst, RH Reality Check, learning, with a low-residency format to create hands-on and Hamline Law Alumna '02 interactive simulations. March 7, 2013: Medical Practice Guidelines & the Legal Hamline’s new Master’s in the Study of Law is now offered with Standard of Care featuring Professor Maxwell Mehlman, Arthur the option of two concentrations: Health Care Compliance or E. Petersilge Professor of Law and Director of the Law-Medicine Conflict Resolution. Center, Case School of Law, and Professor of Biomedical Ethics, Case School of Medicine Upcoming Events: January 30, 2013: Tobacco Control: Comparing U.S. & (Most events qualify for CLE credit and are webcast.) Australian Labeling Regulations presented by Cathy Caitlin, Executive Director, Australian Council on Smoking & Health, January 29, 2014: Minnesota Medical Board Operations, Hamline Law Alumna ‘89 and Doug Blanke, Executive Director, Presented by Sarah Evenson '02, Firm Administrator at Public Health Law Center Anderson, Helgen, Davis & Nissen, LLC and Jamal Faleel '02, Fredrickson & Bryon Student Engagement:

February 19, 2014: Human Subjects Research featuring Carl The Health Care Compliance Association (HCCA) chose Rob Elliott, MD, PhD, Professor, University of Minnesota Tungseth and Tescia Veldhouse to serve as interns during the Spring 2013 semester, and they were instrumental in helping HCCA bring its 2,000-document Resource Library online in 34

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August. They were also asked to travel to Maryland to help Online Resources: Minneapolis-based HCCA at its biggest event of the year, the 17th Annual Compliance Institute. Rob and Tescia were The Petrie-Flom Center recently launched a new website featured as the cover story of the November 2013 issue of (http://petrieflom.law.harvard.edu/), which seeks to become the Compliance Today, a publication distributed every month to go-to place for news, scholarship, commentary, and other more than 9,000 compliance professionals across the United information on health law policy, biotechnology, and bioethics. States. Our new site continues to provide information about the Center, our fellows and affiliates, events and conferences, our blog, and Stay in touch with the Hamline Health Law Institute by following the like, but now highlights key national and international news us on Twitter @HealthLaw_HUSL, on LinkedIn, and on our stories in our focus areas, offers a resource page with primers website at law.hamline.edu/healthlaw. on various issues under our umbrella; provides information about related resources throughout Harvard; and will eventually ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ link to career resources and job postings.

Harvard Law School, The Petrie-Flom Center We also host a collaborative blog, Bill of Health (http://blogs.law.harvard.edu/billofhealth/), featuring a variety of for Health Law Policy, Biotechnology, & regular and guest bloggers from the Petrie-Flom Center, Bioethics Harvard, and beyond. Since our launch in September 2012, nearly 92,000 unique visitors have come to the site from all over The Petrie-Flom Center for Health Law Policy, Biotechnology, the world. The posts – several per day – cover such topics as and Bioethics at Harvard Law School has a number of abortion, human subjects and animal research, cloning, conflicts announcements to share for the 2013 calendar year: of interest, conscience, reproductive health and technology, Fellows and Other Affiliates: biotechnology, disability, the doctor-patient relationship, end-of- life issues, enhancement, FDA regulation and pharmaceutical We continue to host outstanding Academic Fellows policy, the First Amendment, genetics, global health, GMO food, (http://petrieflom.law.harvard.edu/fellows/academic-fellowship) health care finance, health care reform, health information seeking tenure-track faculty positions in the areas of health law technology, intellectual property, medical privacy, medical safety policy, biotechnology, and bioethics. This year, two of the and quality, medical tourism, mental health, neuroscience, Center's Fellows are on the job market, Nicholson Price obesity, organ donation, personal responsibility for health, (http://petrieflom.law.harvard.edu/fellows/bio/nicholson-price) research misconduct, resource allocation, stem cells, and and Jeffrey Skopek vaccines, among a variety of others. We host online symposia, (http://petrieflom.law.harvard.edu/fellows/bio/skopek-jeffrey); and also regularly post information regarding upcoming events Matthew Lawrence of interest, funding opportunities, and job announcements. We (http://petrieflom.law.harvard.edu/fellows/bio/lawrence-matthew- encourage substantial dialogue through online comments, and j-b) will be on the market in 2014. we welcome guest posts and cross-posts to related blogs. If you're interested in joining us as a regular contributor or guest We are currently seeking applications for the next academic blogger, please contact us at [email protected]. fellowship year to begin in Summer 2014. Applications are due November 18, 2013; additional details can be found here: * * * http://petrieflom.law.harvard.edu/fellows/academic-application. Sponsored Research: Each year, the Center also hosts several student fellows (http://petrieflom.law.harvard.edu/fellows/student-fellowship), Beginning this year, the Petrie-Flom Center has taken steps who are graduate students from around Harvard University toward involvement in a variety of sponsored research projects working on independent scholarship under the mentorship of that will take advantage of the law and ethics expertise our Petrie-Flom affiliates. In addition, we host visiting scholars at affiliates have to offer. For example, in January 2013, it was various stages of their academic careers announced that the National Football League Players (http://petrieflom.law.harvard.edu/fellows/visitors), and run a Association plans to award a Harvard team of which the Petrie- student internship program Flom Center is a part $100M for a 10-year research initiative (http://petrieflom.law.harvard.edu/student- (http://www.law.harvard.edu/news/2013/01/related- resources/internships). Finally, this year, we have begun an content/petrie-flom-center-harvard-hms-nflpa-program.html). affiliated faculty program to bring together diverse faculty from around Harvard who share our fields of academic interest * * * (http://petrieflom.law.harvard.edu/about/affiliated-faculty). Journal of Law and Biosciences:

* * * This year, the Petrie-Flom Center at Harvard Law School, in collaboration with colleagues at Duke and Stanford Law Schools, will introduce a new peer-reviewed journal called the 35

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Journal of Law and Biosciences, published by Oxford  Exploratory Meeting – Model Program on Life Sciences University Press. Upon launch, I. Glenn Cohen (Petrie-Flom Industry Compliance (with open panel, Compliance with Center faculty co-director) will serve as co-Editor-in-Chief, and Enforcement of US Healthcare Laws: Evolution of alongside Nita Farahany (Duke) and Hank Greeley (Stanford). Modern Life Sciences Compliance Programs) The journal will be the first truly peer-reviewed, interdisciplinary http://petrieflom.law.harvard.edu/events/details/compliance- academic legal journal focused exclusively on the intersection of with-and-enforcement-of-us-healthcare-laws-evolution-of- law and advances in the biosciences. We plan to publish both modern-l original, mid-length articles and shorter response pieces, as well as “new development” pieces written by graduate students at  Legal Experimentation: Legal and Ethical Challenges to each of the sponsoring schools, offering brief summaries of and Evidence-Based Practice in Law, Medicine, and commentary on recent legislation, regulation, and case law Policymaking (with open lecture, Charles Fried, Evidence relevant to the biosciences in order to provide a resource to as a Public Good) readers looking to stay up-to-date in the field. The journal will http://petrieflom.law.harvard.edu/events/details/charles- be Open Access, and in most cases, articles will be published fried-on-evidence-as-a-public-good immediately online once they have completed the editorial process. For more information, please contact  Rethinking Personhood: Fetuses, Animals, and Robots [email protected]. http://petrieflom.law.harvard.edu/events/details/rethinking- personhood-fetuses-animals-and-robots * * * Program Events:  Personalized Medicine Patenting http://petrieflom.law.harvard.edu/events/details/personalize This year’s Petrie-Flom Center Annual Conference, held in May d-medicine-patenting 2013, was titled "The Food and Drug Administration in the st 21 Century." The conference video can be viewed here  Revising the Requirement of Informed Consent in an Era of (http://petrieflom.law.harvard.edu/events/details/petrie-flom- Privatization and Managed Care center-annual-conference-the-food-and-drug-administration-in- http://petrieflom.law.harvard.edu/events/details/informed- th) and live blogging can be found here consent-in-an-era-of-privatization (http://blogs.law.harvard.edu/billofhealth/?s=Live+Blogging+FDA +&submit=Search).  Issues and Case Studies in Clinical Trial Data Sharing –

What Have We Learned? An edited volume from the previous year's conference, "The http://petrieflom.law.harvard.edu/events/details/issues- Future of Human Subjects Research Regulation," will be and-case-studies-in-clinical-trial-data-sharing-what- available from MIT Press in August 2014 have-we-learned (http://petrieflom.law.harvard.edu/events/details/future-of- human-subjects).  Patient Discrimination Against Medical Personnel

http://petrieflom.law.harvard.edu/events/details/patient- In addition, we recently released the conference report from our November 2012 conference, “Institutional Financial Conflicts of discrimination-against-medical-personnel Interest in Research Universities” (http://petrieflom.law.harvard.edu/assets/publications/fCOI_final  Gene Patenting, the Supreme Court’s Myriad Decision, and _report.pdf). the Future of Biotechnology http://petrieflom.law.harvard.edu/events/details/gene- We hosted a number of other events this year, and have several patenting-the-supreme-courts-myriad-decision more to come:  Book launch and panel discussion, THE GLOBALIZATION OF  Food and Drug Law: Past, Present, and Future HEALTH CARE: LEGAL AND ETHICAL ISSUES http://petrieflom.law.harvard.edu/events/details/food-drug- http://petrieflom.law.harvard.edu/events/details/globalizatio law-past-present-future-celebrating-peter-barton-hutts-20- n-of-health-care years-t Upcoming in 2013  Health Law Year in P/Review http://petrieflom.law.harvard.edu/events/details/health-law-  A reception at the Public Responsibility in Medicine & year-in-p-review Research Annual Conference - Wednesday, November 6, 2013 at 6pm (Hynes Convention Center, Room 200, Boston) http://petrieflom.law.harvard.edu/events/details/primr- annual-conference-harvard-reception

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 Reproductive Rights Around the Globe – Thursday, recent book, "Thinking, Fast and Slow," which November 7, 2013 at 12pm (Wasserstein 1023, Harvard examines various cognitive errors people make in their Law School) judgments, choices, and conclusions, as well as how http://petrieflom.law.harvard.edu/events/details/reproductiv we might correct them. But the conversation has only e-rights-around-the-globe just begun.

 Ethics and Animals: Where Are We Now?, featuring Peter Building on the success of the behavioral economics Singer – Friday, November 8, 2013 at 12pm (Austin 200, movement, this conference (and possibly an edited Harvard Law School) volume) will further develop the scholarly discussion by http://petrieflom.law.harvard.edu/events/details/ethics-and- focusing on key issues in health law policy, bioethics, and biotechnology. We welcome submissions on both animals broad conceptual questions and more specific policy applications. Potential topics might include: The Center also hosts academic workshops several times each semester, in which leading health law, biotechnology, and  Are there features unique to health and health bioethics scholars present their works in progress. The full care that prevent individuals, groups, and schedule and previous papers can be found here policymakers from making the best decisions? (http://petrieflom.law.harvard.edu/events/category/workshops). What is a “best” decision, i.e., whose perspective should be paramount? * * *  What types of barriers exist to rational decision making in the health care context, and what does If you'd like to stay up to date with the Petrie-Flom Center, rational decision making look like here? please check out our website (http://petrieflom.law.harvard.edu/), sign up for our listserv Is exploitation of framing effects, default rules, nudges, (http://visitor.r20.constantcontact.com/manage/optin/ea?v=001b and other elements of choice architecture appropriate eAL- when it comes to human health, or is this an area N5vKfStmo7smNZF8rtMAhJg9xIpFSsno3SP4omDNJOfTfKdgs where pure autonomy should reign encourages uRv_CO52YoRbpOSstCa1lzaAmewCT- applications from those who intend to pursue careers mjcUAnDwH3wktMEBNsqpfyCuHsyzKmVGuw%3D%3D), and as tenure-track law professors, but will consider any follow us on Facebook (https://www.facebook.com/pages/Petrie- applicant who demonstrates an interest and ability to Flom-Center-for-Health-Law-Policy-Biotechnology-and- produce outstanding scholarship at the intersection of Bioethics/175528879159717?) and Twitter law and health policy, bioethics, or biotechnology (https://twitter.com/PetrieFlom). during the term of the fellowship. Applicants will be evaluated by the quality and probable significance of * * * their research proposals, and by their record of academic and professional achievement. Conference Announcements and Call for Papers/Presentations: APPLICATION: Applications will be accepted from September 16, 2013 through November 18, 2013. Please note that applications submitted before Behavioral Economics, Law, and Health Policy November 18 will not be reviewed early. Friday and Saturday, May 2-3, 2014

Harvard Law School, Cambridge, MA For more information, see the full call for

applications (http://petrieflom.law.harvard.edu/fellows/a The Petrie-Flom Center for Health Law Policy, Biotechnology, cademic-application) or contact Administrative and Bioethics at Harvard Law School is pleased to announce Director Cristine Hutchison-Jones, plans for our annual conference, this year entitled: “Behavioral [email protected]. Economics, Law, and Health Policy.”

Conference Description ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Richard H. Thaler and Cass R. Sunstein's book "Nudge: Improving Decisions About Health, Wealth, and Happiness" brought behavioral economics to the masses, beginning a discussion of libertarian paternalism and the many ways that "choice architects" can help nudge people to make better choices for themselves without forcing certain outcomes on

anyone. Some of their examples fall in the realm of health policy, as is also the case of Daniel Kahneman's 37

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Indiana University Center for Bioethics and Anne-Marie Duguet, Toulouse, Health Law Grand Rounds, Indiana University McKinney School of Law, December 3, 2013. Hall Center for Law and Health Conference Announcements: Recent Program News & Events: Hall Center for Law and Health: McDonald-Merrill-Ketcham About the Emperor's New Clothes: Why Health Information Memorial Lecture and Award, Are Physicians Fiduciaries for Technology Has Failed to Transform Health Care, Nicolas Their Patients? Professor Maxwell J. Mehlman, Arthur E. Terry, January 28, 2013. Petersilge Professor of Law and Director of the Law-Medicine Center, Case School of Law, and Professor of Biomedical Review Symposium and McDonald Merrill Ketcham Award, Ethics, Case School of Medicine, February 20, 2014. Setting the Stage: Enhancing Understanding of Bioethical Challenges with Theatre, Karen H. Rothenberg, Marjorie Cook Diane Hoffman, University of Maryland Carey School of Law, Professor of Law, University of Maryland, Francis King Carey Director, Law and Health Care Program, Health Law Grand School of Law, February 27, 2013. Rounds, Indiana University McKinney School of Law, March 6, 2014. Hall Center for Law and Health and Indiana Health Law Review Symposium, Are We Willing to Trust Patients? Models of Hall Center for Law and Health and Indiana Health Law Review Responsibility, Consumerism and Blame, March 8, 2013. Symposium, Neuroscience and Law: Injury, Capacity, and  Keynote Speaker: George Loewenstein, Herbert A. Illness, Keynote Speakers Oliver R. Goodenough, Professor of Simon Professor of Economics and Psychology, Dept. Law, Vermont Law School, and Geoffrey K. Aguirre, MD, PhD, of Social and Decision Sciences, Carnegie Mellon Perelman School of Medicine at the University of University. Pennsylvania. Indiana University McKinney School of Law,  Gregg Bloche, Professor of Law, Georgetown Law & March 28, 2014. Co-Director, Georgetown-Johns Hopkins Joint Program in Law and Public Health ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~  Christopher Robertson, Associate Professor of Law, University of Arizona James E. Rogers College of Law;  Jessica Berg, Professor of Law and Biomedical Ethics; Northeastern University School of Law Associate Director of the Law-Medicine Center, Case Western Reserve University School of Law This year, Northeastern launched a new specialization in Health  Lindsay Wiley, Assistant Professor of Law, American Policy & Law in our LLM program. University Washington College of Law  Leonard Fleck, Professor, Michigan State University, On April 25, 2014, Northeastern's Program on Health Policy and Center for Ethics. Indiana University McKinney School Law will host a conference: Free Speech and Reproductive of Law Rights: Friend or Foe?

Peter Jacobson, University of Michigan School of Public Health, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The Future of Health Law, Health Law Grand Rounds, Indiana University McKinney School of Law, March 27, 2013. Public Health Law Research

Hall Center for Law and Health Annual Conference on Health, The Public Health Law Research 2014 Annual Meeting will be Disability and the Law, Education, Stability and Foster Care: held January 15-17, 2014 in Atlanta, Georgia. The meeting’s Implementing IDEA and the Fostering Connection Act for Youth theme is “Measuring what Matters.” The PHLR Annual Meeting in Foster Care, Indiana University McKinney School of Law, provides a forum for current PHLR grantees and others June 14, 2013. interested in the field to share research progress and findings, discuss methodological concerns and innovations, and identify INDIANA HEALTH LAW REVIEW 10 Year Reunion Celebration, effective means through which to disseminate research results Indianapolis, Indiana, September 27, 2013. to inform the practice and policy debate. We are now accepting abstracts and applications for a junior scholar travel scholarship. Annual Fall CLE, Legal Issues in the Health and Pharmaceutical More information is available here: Industries, Indiana University McKinney School of Law, October http://publichealthlawresearch.org/2014-Annual-Meeting. 8, 2013. Hall Center for Law and Health Symposium, Will Neuroscience Redefine Mental Injury? Indiana University ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ McKinney School of Law, October 4, 2013.

Nicholas Bagley, University of Michigan School of Law, Health Law in an Age of Statutes, Health Law Grand Rounds, Indiana University McKinney School of Law, October 31, 2013.

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Saint Louis University School of Law,  Dayna Matthew, University of Colorado School of Law Center for Health Law Studies Health Law Semester in Washington DC:

Recent Program News & Events: In January 2014, the Center will send another group of health law students to Washington D.C. to earn credit working full-time The Fall 2013 issue of the SAINT LOUIS UNIVERSITY JOURNAL OF on health law matters in federal agencies. The program has HEALTH LAW AND POLICy published the proceedings the Center’s placed students with the General Counsel to the HHS Office of 30th anniversary symposium “Health Reform: The Act, Decision the Inspector General, HHS Office of General Counsel, the VA’s and Election,” featuring articles by Paul Starr as well as Brietta Offices of General Counsel and of Risk Management, the Clark, Tim Greaney, Sandy Johnson, Sara Rosenbaum and Antitrust Division of DOJ, the FTC, and the Public Health Sidney Watson. Division of HHS.

Funded by a grant from the Missouri Foundation for Health, the Conference Announcements: Center added a new position – Health Law and Policy

Fellow. The Fellow provides legal analysis, strategy and The Center will host its 26th annual health law symposium on support for grassroots organizations working for Medicaid March 28, 2014, which will focus on issues in long-term care, expansion and implementation of the Affordable Care Act in including the following speakers: Missouri. The Fellow also mentors law students in the Center’s

Grassroots Health Advocacy courses, which are designed to  Jack Boese, Of Counsel, Fried Frank develop the next generation of health advocates. The Center welcomed Lisa D’Souza as its first Health Law and Policy  Judy Feder, Professor of Public Policy, Georgetown Fellow. Before joining the Center’s faculty, Lisa worked as an University assistant public defender and as a non-profit civil legal services  David Grabowski, Professor of Health Care Policy, lawyer for Medicaid enrollees, migrant farmworkers, and other Harvard Medical School vulnerable communities.  Malcolm Harkins, Partner, Proskauer Rose  Marshall Kapp, Florida State University College of Law Margaret Donnelly also joined the Center as a Health Policy Scholar. Ms. Donnelly is the former Director of Missouri’s The proceedings of both symposia will be published in Department of Health and Senior Services and a former upcoming issues of the SAINT LOUIS UNIVERSITY JOURNAL OF member of the Missouri’s legislature. She teaches and HEALTH LAW AND POLICy. mentors students as part of the Center’s Grassroots Health Advocacy courses. The Center hosts a terrific line-up of distinguished speakers in 2013-2014: In cooperation with ASLME, the Center hosted its 11th annual Health Law Scholars Workshop in October. Senior health law  James Kimmey, M.D., M.P.H., Professor Emeritus of Health scholars from the Center and from around the country Administration and Policy SLU's College of Public Health & commented on works-in-progress by four junior colleagues Social Justice and the past President and CEO of Missouri selected by a national committee of faculty based on responses Foundation for Health. Presently he is an Executive-in- to a call for abstracts. At this year's workshop, works-in- Residence with the CPHSJ. progress were presented by:  Ron Pollock, J.D., Founding Executive Director, Families USA.  Issac D. Buck, Assistant Professor of Law, Mercer  James Sheehan, J.D., Chief Integrity Officer and Executive University School of Law Deputy Commissioner for the New York City Department  Anna B. Laakmann, Assistant Professor of Law, Lewis of Social Services and former U.S. Attorney for the Eastern and Clark Law School District of Pennsylvania.  Katherine T. Vukadin, Associate Professor of Law, Thurgood Marshall School of Law Practitioner-in-Residence:  Diana R.H. Winters, Associate Professor of Law and Dean’s Fellow, Indiana University Robert H. McKinney James Sheehan, J.D. will also join the Center’s faculty as its School of Law practitioner-in-residence. Mr. Sheehan is one of the nation’s leading experts on healthcare fraud and abuse. As a US In addition to SLU faculty, participating senior faculty included: attorney, he acted as lead counsel for numerous complex litigation suits involving prescription drugs, quality care and  Alta Charo, University of Wisconsin Law School predatory lending. He also served as New York state’s first Medicaid Inspector General where he was responsible for the  Nathan Cortez, Southern Methodist University Dedman implementation of the country’s first mandatory compliance School of Law program for Medicaid providers. This plan was later used as a  Barry Furrow, Drexel University Earle Mack School of model to create the federal program under the ACA. Law

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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ EUROPEAN HEALTHCARE COMPLIANCE CERTIFICATION PROGRAM Seton Hall University, Center for Health & November 18-22, 2013 and June 24 - 28, 2013 Location: Sciences Po, Paris, France Pharmaceutical Law & Policy This intensive educational and training program addresses the myriad legal, regulatory and compliance issues faced by New Faculty pharmaceutical, biotech and medical device manufacturers doing business in Europe. The program is geared toward legal, MICHAEL B. MCCULLEY, ESQ. APPOINTED regulatory and compliance professionals and advisors working DISTINGUISHED PRACTITIONER-IN-RESIDENCE within the European pharmaceutical, biotech and medical Seton Hall University School of Law has appointed Michael B. device industries. McCulley, Esq. as Distinguished Practitioner-in-Residence for the Center for Health & Pharmaceutical Law & Policy. Mr. ASIA-PACIFIC HEALTHCARE COMPLIANCE PROGRAM McCulley is former Assistant General Counsel to Johnson & March 04 - 07, 2013 Johnson, and he joins Seton Hall Law after 30 years of in-house Location: Singapore, Raffles City Convention Center health law experience with J&J. He joined the company in 1982 The inaugural Asia-Pacific Healthcare Compliance Program was and became its first specialized medical device lawyer, helping hosted in Singapore in March 2013. Program participants hailed to build the global regulatory practice for the Medical Device and from 11 different countries including Australia, China, India, Diagnostics business. Japan, Malaysia, South Korea and Vietnam. Taught by regional faculty, in-house compliance officers and legal experts, the Grants curriculum tackled legal and compliance cross-border issues such as anticorruption law, competition law, data privacy and MICROSOFT CORPORATION AWARDS GRANT industry codes of conduct. These issues, combined with varied Microsoft Corporation awarded a grant to the Center for Health enforcement regimes and cultural differences, make the Asia- & Pharmaceutical Law & Policy to support Frank Pasquale and Pacific region a unique and challenging environment in which to Tara Ragone’s research into protecting patient privacy in the do business. age of cloud computing. Online Education NICHOLSON FOUNDATION GRANT SUPPORTS WORK WITH NEW JERSEY HEALTH CARE QUALITY INSTITUTE Over the past year, Seton Hall Law added an online option for John Jacobi, Kate Greenwood, and Tara Ragone are working its M.S.J. degree students, giving them the opportunity to attend with the New Jersey Health Care Quality Institute and Applied classes in person, online, or both. In addition, Seton Hall has Medical Software, Inc. to provide legal and public policy analysis expanded its online Graduate Certificate offerings and now for community groups and health care providers interested in offers multi-course certificate programs in Health & Hospital New Jersey's Medicaid Accountable Care Organizations. This Law, Intellectual Property Law, Life Sciences Law and Human work is funded by a grant from the Nicholson Foundation. Resources Law. The certificate programs are 8-week non- degree programs designed for individuals in highly regulated Healthcare Compliance Executive Education industries who seek a greater understanding of key aspects of their fields.

U.S. HEALTHCARE COMPLIANCE CERTIFICATION Other Programs PROGRAM October 14 - 17, 2013 and June 10-13, 2013 EXECUTIVE EDUCATION COURSE ON INTELLECTUAL Location: Seton Hall Law School PROPERTY, DIPLOMACY, AND GLOBAL PUBLIC HEALTH The Healthcare Compliance Certification Program (HCCP) is a February 13-15, 2013 four-day educational program for compliance professionals and Location: Geneva, Switzerland lawyers in the pharmaceutical and medical device industries. This intensive three-day course was jointly organized by Seton The Program addresses the issues faced by the pharmaceutical Hall Law School and the Global Health Programme of the and medical device industries in complying with such standards Graduate Institute of International and Development Studies in as the Office of the Inspector General's (OIG) Compliance Geneva. Designed for individuals whose primary expertise is Program Guidance for Pharmaceutical Manufacturers, the health or diplomacy, the course included an overview of health PhRMA Code, and the AdvaMed Code of Ethics. The program and IP issues, followed by sessions on topics such as TRIPS immerses attendees in the statutes, regulations, and other and global public health, alternative mechanisms to promote guidances that comprise the body of law known as “fraud and research related to neglected diseases, and counterfeit medical abuse law,” as well as other health care related laws and products. regulations which will help them understand the legal underpinnings of the compliance programs they develop and enforce.

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NAVIGATING THE BIOSIMILARS LANDSCAPE HIPAA, HITECH & BEYOND: PROTECTING HEALTHCARE February 19, 2013 DATA IN OUR CYBER WORLD Location: Seton Hall Law School April 19, 2013 This timely program offered key insights into the rapidly evolving Location: Seton Hall Law School biosimilars landscape. Topics included litigation under the This program examined the most current issues, enforcement Biologics Price Competition and Innovation Act, the patentability trends, and regulations relevant to healthcare data privacy of monoclonal antibodies and the impact of the America Invents experts who counsel hospitals, providers, and other healthcare Act, and the Food and Drug Administration’s regulation of facilities. biosimilars. Panelists included Reza Green, Vice President, Intellectual Property, Novo Nordisk, Inc.; Jordan Paradise, ASLME’S 36TH ANNUAL HEALTH LAW PROFESSORS Associate Professor of Law, Seton Hall Law; George Gould, CONFERENCE Counsel, Intellectual Property, Gibbons P.C. and former Chief June 6-8, 2013 Patent Counsel, Hoffman-LaRoche; Lisa Wang, Director, Location: Seton Hall Law School Intellectual Property, Gibbons P.C.; and Estelle J. Tsevdos, For the third time in the conference’s 36-year history, Seton Hall Director, Intellectual Property, Gibbons P.C. and former Patent Law was honored to host the Annual American Society of Law, Counsel and Manager, Biotechnology Section, American Medicine & Ethics (ASLME) Health Law Professors Conference, Cynamid. held in June 2013. The 175 health law professors and scholars, who attended from schools of law, medicine and public health LIFE SCIENCES COLLEGE: PHARMACEUTICAL AND around the nation, were apparently undeterred by the COMPLIANCE FUNDAMENTALS simultaneous arrival of an uninvited guest, Tropical Storm February 26, 2013 Andrea. Despite the rain, the three-day conference agenda was Location: Sidley Austin, New York bursting with over 30 substantive sessions that highlighted This event was co-sponsored by the Center for Health & issues at the forefront of law and medicine, and provided Pharmaceutical Law & Policy and held at Sidley Austin’s essential updates on recent changes to the law, including health Manhattan offices. The program addressed key legal and care reform and health data protection. business challenges facing pharmaceutical companies, and included updates on recent regulatory and industry SMALL AND MID-SIZED LIFE SCIENCES COMPANIES developments. Expert faculty included, among others, Seton STILL FACE BIG ISSUES RISKS Hall Law Professors Kathleen Boozang and Jordan Paradise; October 18, 2013 Sidley Austin Partners Jim Stansel, Paul Kalb, William Sarraille Location: Seton Hall Law School and Anna Spencer; government prosecutors Maureen Ruane This event was co-sponsored by Seton Hall Law School, Porzio from the U.S. Attorney’s Office for the District of New Jersey Life Sciences, and Porzio, Bromberg & Newman, P.C. and Heidi Wendel from the U.S. Attorney's Office for the Southern District of New York; and industry experts Frank Compliance Programs Update Bigley, Chief Compliance Officer, Novo Nordisk; LaDonna Steiner, Associate General Counsel, Purdue Pharma; and Our compliance programs in the US, EU and Asia are now Freddy Jimenez, Assistant General Counsel, Johnson & eligible for 2 JD academic credits; we also now have online Johnson. updates available for those who have attended 5 or more years ago. ADVISING THE WHITE HOUSE ON BIOETHICS POLICY: THE BUSH YEARS ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ March 13, 2013 Location: Seton Hall Law School UC Hastings College of the Law & UCSF/UC The Center for Health & Pharmaceutical Law & Policy hosted a public lecture by Professor O. Carter Snead, Distinguished Hastings Consortium on Law, Science & Visiting Scholar from Notre Dame Law School, recounting his Health Policy experience as General Counsel to the President’s Council on Bioethics under President George W. Bush. Professor Snead Program News: discussed the Council’s research and recommendations regarding the regulation of new biotechnologies and their effects After three years of program development by the UCSF/UC on assisted reproduction, stem cell research and genetics. Hastings Consortium on Law, Science & Health Policy, UCSF Professor Snead is a recognized legal scholar in bioethics and and UC Hastings this year formalized their partnership by has served as the U.S. delegation’s leader and chief negotiator signing an Affiliation Agreement. Through the Consortium, both for the Universal Declaration on Bioethics and Human Rights, institutions are dedicated to advancing law, science & health the U.S. government’s Permanent Observer to the Council of policy through close collaboration in educational programs, joint Europe’s Steering Committee on Bioethics, and is currently a research, and clinical training & service. member of UNESCO’s International Bioethics Committee.

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UC Hastings launched its Medical-Legal Partnership for Seniors medical orders directing resuscitation and other life-sustaining Clinic with UCSF Medical Center. The clinic is led by Yvonne measures. Troya (JD), Sarah Hooper (JD), Carolyn Welty (MD), and Helen Kao (MD) and is offered to law students in fall and spring each Emerging Issues in Food and Drug Law: Implementation of year. The clinic was featured in the New York Times in March. FDASIA (April 17, 2013). In conjunction with the University of Maryland School of Pharmacy’s Center for Drugs and Public UC Hastings and the Consortium welcomed the inaugural class Policy, the Student Health Law Organization, and Arnold & of the Master of Studies in Law for Health Care Professionals. Porter LLP, the L&HCP hosted a conference to discuss the implementation of the Food and Drug Administration Safety and The Consortium is currently developing a jointly-conferred Innovation Act (FDASIA) that was signed into law on July 9, degree with UCSF called the Master of Science in Health Law & 2012. The law gave the FDA the authority to collect user fees Policy. from industry to fund reviews of innovator drugs, medical devices, generic drugs, and biosimilar biologics. Upcoming Conferences: Conference Announcements: The Consortium will host the annual American Society of Law, Medicine & Ethics Health Law Professor's Conference in June Medical Orders for Life-Sustaining Treatment (MOLST): A this coming year. Six Month Check-up (December 9, 2013). The L&HCP’s Maryland Health Care Ethics Committee Network (MHECN) will The Consortium will host a conference entitled "CHALLENGES sponsor a conference for Maryland health care providers who IN PROMOTING CHILDREN’S HEALTH AND MENTAL use the MOLST form to address issues that have been raised HEALTH: THE ROLE OF THE LAW" on March 28 and 29th at since implementation of the law requiring the form. UC Hastings College of the Law. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ University of North Carolina School of Law University of Maryland School of Law, Law & Health Care Program Conferences: North Carolina Law Review 14th Annual Symposium, Friday, Recent News & Events: Oct. 4, 2013, on Health Care Decisions in the New Era of Health Care Reform.

Health Law Service Trip to Mississippi (January 2013). For the 4th year in a row, L&HCP students partnered with the ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mississippi Center Justice (MCJ) to work on several projects involving the Affordable Care Act and legal issues facing University of Pittsburgh School of Law individuals with HIV/AIDS. Recent News & Events: Health Law Regulatory and Compliance Competition (February 16, 2013). This was the second time the L&HCP Events at Pitt Law this fall include the following symposia, offered this competition which is designed to put students in the lectures and colloquia: shoes of health law attorneys and regulators who handle complex regulatory and compliance questions. This year, Lisa S. Parker, When the Patient is Racist (Sept. 20, 2013). thirteen teams from around the country participated in the State of the Science: Collection, Protection, and Sharing of competition Genetic Materials and Results, featuring presentations by

Health Care Reform: The State of the States Roundtable Bradley Malin, Pilar Ossorio, Laura Odwazny, and David (March 1, 2013). L&HCP Professors Diane Hoffmann and Ellen Whitcomb (Sept. 27, 2013). Weber hosted a roundtable that brought together experts from a variety of fields to discuss the details of health care reform Ellen Wright Clayton, Genetic Testing of Embryos and Fetuses: implementation at the state level including health insurance Ethical and Legal Landscape (Oct. 15, 2013). exchanges and Medicaid expansion. Robert Kitzman, Return of Secondary Genomic Findings vs. Medical Orders for Life-Sustaining Treatment (MOLST) Patient Autonomy, Mark A. Nordenberg Lecture in Law, Training (April 2, 2013). L&HCP’s Maryland Health Care Medicine & Psychiatry (Nov. 21, 2013). Ethics Committee Network (MHECN) sponsored a training session for Maryland health care providers who work with Pitt Law has added two new practicums (Medicare and patients and families at the end-of-life on how to use the new Medicaid Practicum, and Veterans Practicum) to its course Medical Orders for Life-Sustaining Treatment (MOLST) form for

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offerings for the 2013-14 academic year to provide additional LSA experiential learning opportunities relating to health law. The Law & Society Association annual meeting will be held in Minneapolis from May 29 to June 1, 2014. The meeting typically includes a significant number of health law-related sessions Academic Health Law AABHL Conferences The Australasian Association of Bioethics and Health Law holds its annual meeting in a major Australian or New Zealand city in ASLME July of each year.

The American Society of Law, Medicine, and Ethics 37th annual IAB

Health Law Professors Conference will be held in San Francisco, th from June 5-7, 2014, at the University of California - Hastings The 12 World Congress of Bioethics sponsored, by the College of Law. Proposals are due January 14, 2014. International Association of Bioethics, will be held in Mexico City from June 25-28, 2014. This conference is intended for professionals who teach law or bioethics in schools of law, medicine, public health, health care SIIPC administration, pharmacy, nursing, and dentistry. ASLME’s Annual Health Law Professors Conference combines The 2014 Summer Institute for Informed Patient Choice will presentations by experienced health law teachers with the take place at Dartmouth, in Hanover, New Hampshire, from opportunity for discussion among conference participants. The June 25-27, 2014. The title is The Legal and Ethical Implications program is designed to provide participants with updates on of Keeping Patients in the Dark. The deadline for abstracts is issues at the forefront of law and medicine and to provide them February 28, 2014. with the opportunity to share strategies, ideas, and materials.

APHA

The American Public Health Association will hold its 142nd Annual Meeting and Exposition from November 15-19, 2014, in New Orleans. The meeting includes a significant number of law- related sessions and an active Law Section. The Call for Abstracts will open December 16 and will remain open until the second week of February. Acknowledgements:

Section secretary Thaddeus Pope acknowledges the assistance of ASBH Hamline University 3L student (and ’13-’14 Minnesota Supreme Court clerk) Melinda Hexum in preparing this newsletter. The American Society of Bioethics and Humanities will hold its 16th Annual Meeting from October 16-19, 2014, in San Diego, He also thanks member Timothy Hall, Associate Dean for Academic CA. The meeting includes a significant number of law-related Affairs and Professor of Law at the University of Louisville Brandeis sessions and draws participation from more than 50 academic School of Law, for designing and implementing the HTML submission health lawyers. The call for abstracts will be open from January protocol. to early March 2014.

SEALS

The Southeastern Association of Law Schools Annual Conference will be held from August 1-7, 2014, at the Amelia Island Plantation, Florida. A draft program shows a significant number of health law sessions clustered near the beginning of the conference.

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