Health Law Newsletter Fall 2010

in this issue:
Welcome to Health Law at BU Law
Program News:
Visiting Scholars in Health Law
Featured Health Law Faculty:
Alumni Newsmakers
Recent and Upcoming Events
About the Health Law Concentration at BU Law
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Welcome to Health Law at BU Law

Moncrieff
Associate Professor of Law Abigail R. Moncrieff

I have been pleased and honored this past year to join the excellent and growing health law program here at BU. In the last year, I have become part of several long-established elements of this program, such as the The American Journal of Law & Medicine (AJLM) and the unique Department of Health Law, Bioethics & Human Rights at the BU School of Public Health. I have also watched and participated in some exciting extensions of the program, not only beyond the Schools of Law and Public Health but beyond the classroom itself.

We have established an exciting Health Law Externship Program, which allows 10 law students each semester to work full-time for Boston’s many healthcare nonprofit organizations, getting hands-on experience with the practice of health law.

This fall, we welcomed Visiting Assistant Professor Diana Winters. She is examining the role of citizen suits in the context of food safety regulation, and writing about the effect of Article III standing doctrine on regulatory compliance. She will teach Access to Courts, and in the spring, a seminar on environmental litigation.

I hope you had a chance to attend the “Medicines for Neglected Diseases Workshop (MeND): Developing Scientific, Organizational & Funding Opportunities for Neglected Diseases,” which was held at BU Law on September 10-11. Professor Kevin Outterson was the program chair for this conference, which featured a keynote address by Thomas Pogge, Professor of Philosophy and International Affairs at Yale University. You may also be interested in attending our annual Pike conference. The BU Schools of Law and Public Health are sponsoring this one-day forum, "Coming Home Injured: Care and Advocacy for America's Veterans" on Friday, October 29.

It has been an exhilarating year, and we look forward to another one.

Sincerely,

Abigail R. Moncrieff
Associate Professor of Law
Peter Paul Career Development Professor,
BU School of Law
Co-Faculty Adviser, American Journal of Law & Medicine

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Program News

October 29 Pike Conference: "Coming Home Injured: Care and Advocacy for America's Veterans"

One in four veterans of the 1991 Gulf War suffer from an illness caused by exposure to toxic chemicals, according to a BU School of Public Health research panel. Almost two decades after the war ended, however, no effective treatments have been found. This year's Pike Conference will explore the post-Gulf War experience of veterans seeking medical help, the problems encountered and concrete advocacy steps that can be taken to improve the quality of care.

Sponsored by the BU Schools of Law and Public Health, the one-day forum will focus on identifying and treating illnesses and injuries arising from wars in the Persian Gulf, Iraq and Afghanistan (i.e. PTSD, TBI).

Scientific, medical and legal experts will help frame the issues, but the primary emphasis will be on the experience and suggestions for action of the veterans themselves.

Among those speaking will be Roberta F. White, BU School of Public Health; Wendy Mariner, School of Public Health/Law; Anthony Hardie, Research Advisory Committee on Gulf War Illness; Paul Sullivan, Veterans for Common Sense; Michael Grodin, BU School of Public Health; George J. Annas, BU Schools of Public Health/Law; and Leonard Glantz, BU Schools of Public Health/Law.

The annual Pike Conference is held to honor N. Neal Pike, a BU School of Law graduate, distinguished lawyer and lifelong advocate for individuals with disabilities. The event is free and open to the public.

>>For more information, contact Andrea Rice. For this and other upcoming events, also see our BU Law events page.

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BU Law Adds New Classes in Health Law

  • Public Health Law: Professor Annas—This BU Law class encompasses all global, federal, state and local governmental actions taken for the health of the public. The class will examine various issues such as smoking cessation, gun control, HIV/AIDS and TB control, obesity control and genetic testing with a view toward defining the role of government in protecting the health of its citizens.
  • Health Reform & the Constitution: Professor Moncrieff—This seminar examines the complex federal and state regulations governing American healthcare policy and American healthcare reform. The class attempts to determine the best balance of federal and state governance and the best balance of legislative, executive and judicial governance for healthcare policy. Specific topics include public healthcare financing, private insurance regulation, healthcare quality controls and healthcare privacy rules.
  • Fraud & Abuse: Atty. Robert M. Thomas Jr. —Former Assistant U.S. Attorney Robert Thomas will teach this class using a practical, case-study approach to some of the issues arising in the complex world of health care enforcement and compliance. He is the founder of Thomas & Associates, a boutique litigation practice concentrating in the areas of whistle blower litigation, white-collar criminal defense and special prosecution of labor racketeering cases.
  • Health Care Transactions: Professor Outterson—Twenty students will be immersed in six real-life significant transactions from major law firms and health care clients. The class will use actual client documents, and be led by the partners and general counsel who closed the deals. This is an advanced, applied health law class, designed to transition students from theory to practice.
  • Health Law: Professor Outterson—Professor Outterson is completely revising his introductory health law class, using a conceptual framework to treat health care law as a coherent series of agency problems (agents such as physicians, insurers, hospitals and government) taking action with limited information, diverse incentives and unarticulated preferences. If this new framework bears fruit, this might be the first step toward writing a new casebook.
  • Health Law Externships/Internships: The Health Law Externship and Legislative Internship classes continue to expand, offering many more opportunities to students in the coming academic year. Boston is an unparalleled environment for health law externships, with some of the leading health care institutions, think tanks and biotech firms in the country.

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Visiting Scholars in Health Law

winters
  • Diana Winters starts this fall as a visiting assistant professor. At BU Law, she will teach Access to Courts, an advanced civil procedure course, and in the spring, a seminar on environmental litigation. Winters has been an Assistant Solicitor General in the N.Y. Attorney General's office doing appellate work. She also holds a Ph.D. from Harvard's History of American Civilization program, and she completed a dissertation about the connections between the right to privacy jurisprudence and the environmentalism of Justice William O. Douglas. She is working on an article that examines Article III standing doctrine and the role of citizen suits in the context of food safety regulation. Her research interests include the role of state consumer protection statutes in the regulation of food safety.
ning
  • In July, the Department of Health Law, Bioethics & Human Rights welcomed a visit from Zhao Ning (middle), deputy director of the Department of Health Policy & Regulation at the Ministry of Health in Beijing, P.R. China. Zhao was a former visiting scholar who has drawn on her experience to develop national health regulations for China.
signing
  • The collaboration between the Department of Health Law, Bioethics & Human Rights and the New University of Lisbon, Portugal, included a July visit from New University of Lisbon Associate Professor Paula Lobato de Faria (seated, with Professors Wendy Mariner and George Annas). She is a former BU School of Public Health visiting professor. The collaborators are planning the third Health Law & Bioethics Seminar for 2011 as well as an online resource for comparative health law and social justice issues.
  • BU Law’s new Visiting Assistant Professor Program in Health Law trains law graduates at BU Schools of Law and Public Health for careers in research and teaching. In a competitive application process, this program selects scholars for a full-time, one- or two-year appointment in the School of Law as a visiting assistant professor. The program will prepare candidates for full-time tenure track appointments to law schools. Scholars receive a stipend and teach two classes. >>More information

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Featured Health Law Faculty

outterson

Kevin Outterson

Associate Professor of Law
Associate Professor of Health Law, Bioethics and Human Rights,
Boston University School of Public Health
Co-Faculty Adviser, American Journal of Law & Medicine
Co-Editor-in-Chief, Journal of Law, Medicine & Ethics

Professor Outterson is a principal investigator on a grant from the Robert Wood Johnson Foundation Public Health Law Grant program, studying the clinical and intellectual property aspects of antibiotic drug regulation. His interdisciplinary team includes physicians and leading researchers from BU, Harvard, the NIH, Massachusetts College of Pharmacy, UMass Amherst and UCLA.

BU selected Professor Outterson for the David Saul Smith award to further his work on antibiotic resistance. These funds will allow his team to build a larger database for additional empirical work.

In addition to this major work on antibiotics, Professor Outterson continues his research in pharmaceutical markets, including Medicare Part D, and ethical issues in health care. Articles are underway on linguistic disparities in U.S. drug labeling; the ethical duties of drug companies to promote wider access to drugs; and the ethics of poverty tourism, the growing practice of visiting impoverished areas as a tourist.

Activities:

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annas

George Annas

Professor of Law
William Fairfield Warren Distinguished Professor and Chairman,
Health Law, Bioethics & Human Rights Department,
Boston University School of Public Health

Activities:

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glantz

Leonard Glantz

Professor of Law
Professor of Health Law, Bioethics & Human Rights,
Boston University School of Public Health
Professor of Socio-Medical Sciences and Community Medicine,
Boston University School of Medicine

Activities:

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mariner

Wendy Mariner

Professor of Law
Edward R. Utley Professor of Health Law, Bioethics & Human Rights,
Boston University School of Public Health
Professor of Socio-Medical Sciences and Community Medicine,
Boston University School of Medicine

Activities:

 

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miller

Frances H. Miller
Professor of Law Emerita
Visiting Professor, University of Hawaii at Manoa William S. Richardson School of Law

Activities:

  • April 28, 2010: Speaker, "How Federal Health Reform Will Impact Hawaii," Kapiolani Medical Center, Honolulu
  • April 29, 2010: Speaker, "Comprehensive Reform with an Incremental Soul," Aloha American Inns of Court, Honolulu
  • May 7, 2010: Presenter, "The Fate of Hawaii's Prepaid Health Plan in Light of Federal Reform," University of Hawaii's Board of Visitors, Honolulu
  • October 19-20, 2010: Speaker, "Societal Implications of Comparative Effectiveness and Personalized Medicine," National Institutes of Health Conference on Comparative Effectiveness and Personalized Medicine: An Essential Interface, Bethesda, Maryland
  • November 18, 2010: Speaker, "Comparative Health Systems," Perspectives in Health Care Distinguished Speaker Series, Center for Health Law & Economics and Center for Health Policy Research, UMass Medical School, Worcester

Forthcoming publications:

  • "Medical Error, Adverse Drug Reactions & Patient Safety: The 'Precautionary Principle' in the US and the EU," Risk Management in a Complex World: A Transatlantic Dialogue on Precaution, J. Weiner & M. Rogers, eds.
  • Recent publications
  • SSRN
  • Hein (Login needed)
  • Lexis (Login needed)
  • Westlaw (Login needed)

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moncrieff

Abigail Moncrieff

Peter Paul Development Professor
Associate Professor of Law

Activities:

  • September 13, 2010: Presenter, "A Freedom of Health: On Mandates, Death Panels, Vaccines, Obesity, and the United States Constitution," Petrie-Flom Health Law and Policy Workshop, Harvard University
  • October 29-30, 2010: Presenter, University of Pennsylvania Law Review symposium "The New American Health Care System: Reform, Revolution, or Missed Opportunity?” Philadelphia
  • February 11, 2011: Presenter, Kansas Journal of Law & Public Policy symposium on “The Role of the States in Federal Health Care Reform,” Lawrence, Kansas
  • Recent publications
  • SSRN publications

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Alumni Newsmakers

This is just a snapshot of what our Health Law alums are doing. >>View all alumni news.

Edward McCarthy (’62, CAS '60) of McCauley, Bouley & Barry of Boston published The Malpractice Cure: How to Avoid the Legal Mistakes that Doctors Make.>>More information.

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Peter Resnik (’70), senior counsel and head of McDermott Will & Emery LLP’s pharmaceutical and biotech products liability practice, received the McDermott 2010 Award for Outstanding Achievement and Commitment to Pro Bono and Service to the Community. He was also recognized at BU Law for his pro bono efforts.

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Alan H. Einhorn (‘75), of counsel with Foley & Lardner LLP’s Health Care Industry and Health Information Technology teams, has been selected for inclusion in the 2009 Massachusetts Super Lawyers list; chosen by his peers for inclusion in The Best Lawyers in America 2010 in the field of health care; and recognized for several years by Chambers USA as a leading health care lawyer. Einhorn has authored numerous articles on health care topics and has spoken at health care conferences and seminars sponsored by such groups as the National Conference of State Legislatures, the American Hospital Association, the New England Health Care Assembly, the Massachusetts Hospital Association and the Massachusetts Department of Public Health.

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Thomas Gunning (’87), vice president and general counsel of EMD Serono, was named a “Leader in the Law” by New England In-House and Massachusetts Lawyers Weekly. He was also was chosen as one of PharmaVOICE Magazine’s 100 most inspiring leaders of 2009.

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David Oedel (’87), a professor at Mercer University School of Law, was appointed by the Georgia Governor to a legal team addressing healthcare reform legislation.

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David Harlow (’87, MPH ’89), founder of The Harlow Group, was named by The Massachusetts Medical Law Report as a 2010 Rx for Excellence Award winner in the “Heroes from the Field” category, and honored at an awards ceremony on September 24 in Boston.

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Deborah Autor (’92), director of the Office of Compliance at the Center for Drug Evaluation and Research at the Food and Drug Administration, was named a finalist for the Citizen Services Medal.

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Azizah Yasin (’97) of the Yasin Law Office in Boston was elected to the Community Legal Services & Counseling Center’s Board of Directors.

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Markos Moulitsas Zuniga (’99) is the founder and publisher of The Daily Kos, for which he has written about the debate surrounding the national healthcare reform bill. Moulitsas supported the bill, which was passed in March 2010, and provided analysis of the bill’s provisions and commentary on opposition to the bill.

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Christi J. Braun (’01), who practices in the Health and Litigation groups at Ober Kaler in Washington, D.C., was elected principal of the firm. She is one of only 12 U.S. lawyers selected by Nightingale’s Healthcare News for its 2009 rankings of “Outstanding Healthcare Antitrust Lawyers.”

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Stephanie R. Richardson (’03) is the Regulatory Affairs manager for the Massachusetts Association of Health Plans (MAHP). She has served as an adviser to Mayor Thomas M. Menino’s Improving Access to Primary Care Task Force in Boston. She also represents MAHP on a number of health care stakeholder advisory boards and workgroups, with a focus on public health, administrative simplification and provider credentialing. She is a public policy analyst on the Massachusetts Expert Panel on End of Life Care, and she was also one of the authors of Role Maximization of Nurse Practitioners and Physician Assistants in Boston: A Position Paper of the Workforce Capacity Subgroup, published in December 2009. She also serves on the advisory board for the Massachusetts Midwifery Workforce Profile Project.

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Recent and Upcoming Events

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About the Health Law Concentration at BU Law

Health lawyers confront some of the most exciting and complex issues in the country, whether in private practice, government agencies or nongovernmental organizations. Specialists in health law must master a wide range of subjects to navigate a health sector that encompasses nearly 18 percent of the gross domestic product. The BU Health Law curriculum more than meets the challenge. Courses and seminars cover evolving topics, including: health insurance structures; provider payment systems; health information sharing and privacy; public health and environmental risks; emergency preparedness; and intellectual property rights involved with gene therapy and pharmaceuticals, biomedical research, global health and human rights. They also cover perennial issues such as physician-patient relationships, rationing scarce resources, provider licensure, fraud and abuse, antitrust, and mental health.

BU Law's concentration in health law allows students to graduate with a certification of advanced study without pursuing another degree. A wide range of courses and seminars are available through the School of Law, School of Public Health and the School of Management. These courses can also be counted for the respective dual degree programs, so students can obtain two degrees in an accelerated time frame. The JD-MPH dual degree program adds interdisciplinary studies for specialization in the health field.

>>For more information, see the BU Law Health Law curriculum and SPH courses.

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Feedback

Please help us improve our Health Law program newsletter by using our online Feedback form. Also, please use this form to let us know if you’d like to receive future electronic Health Law updates from us, or to share your news with us.

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