Health Law Newsletter Spring 2010

in this issue:
Greetings from BU Health Law Program!
Professor Fran Miller transitions to emerita status after more than 40 years of teaching and scholarship at BU Law
Faculty activities:
Program News:
Alumni News
About the Health Law concentration at BU Law
Recent and Upcoming Events
Health Law Faculty


Welcome to Health Law at BU Law

healthlaw group
From left, Professors Moncrieff, Miller, Mariner and Outterson

Boston University School of Law is home to a strong and vibrant Health Law program—a partnership between Boston University’s School of Law and the Department of Health Law, Bioethics & Human Rights in the School of Public Health. One of the nation's first academic programs in law and medicine when it debuted more than 50 years ago, BU's Health Law Program became a model for other schools and continues to set the standard for excellence in health law. We offer a JD-MPH dual degree program that enables outstanding students to hit the ground running in the health law field.

Ranked 4th among American law schools for health law studies by U.S. News & World Report (2010), BU Law boasts one of the finest health law curricula in the country, with courses taught by some of the most respected scholars in the fields of law and public health.

The American Journal of Law and Medicine (AJLM), a collaboration between BU Law and the American Society of Law, Medicine and Ethics (ASLME), was launched in 1975 under the direction of Professor George Annas. Today, AJLM is peer-reviewed,with student editorial leadership, and is the highest-ranked health law journal in the country, according to the latest data from Washington and Lee University School of Law.

In this newsletter, we will periodically bring you news about the exciting health law activities at BU Law and Boston University.

Kevin Outterson

Associate Professor, BU Law
Faculty Editor, American Journal of Law & Medicine
Co-Editor In Chief, Journal of Law, Medicine & Ethics

Wendy Mariner
Professor, BU Law
Edward R. Utley Professor of Health Law, BU School of Public Health
Professor of Socio-Medical Sciences and Community Medicine, BU School of Medicine

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Professor Emerita Fran Miller celebrates more than 40 years of superb teaching and scholarship at BU Law

fran miller

The majority of alumni who have passed through BU Law’s doors over the past 40 years have benefited from Professor Fran Miller's devotion to the School and her enthusiasm for teaching. The N. Neal Pike Scholar and professor of Law and Public Health, she reshaped the way health law was taught, shifting our focus to a more complex exploration of health care organization, finance and delivery. Fran, as she is known to most alumni, graduated from BU Law in 1965, joined the BU Law faculty in 1968.

She has become one of the foremost experts on American health care law and policy, and a specialist on comparative health systems. Widely acclaimed for her substantive expertise, Fran has published a book and more than 85 articles and book chapters. She was awarded two Fulbright scholarships to research the effects of competition on British health systems, as well as a Kellogg Foundation National Fellowship to study the delivery of healthcare in Europe, Africa, South America, the Middle East and China. She served as a consultant to the White House Task Force on Health Care Reform in 1993 and as faculty advisor to the American Journal of Law & Medicine at BU for many years. A gifted teacher, she also received BU’s highest honor, the Metcalf Cup and Prize for teaching excellence, in 1989.

At BU Law’s Feb. 6 AJLM Symposium “Follow the Money: The Impact of Economics on the Delivery of Health Care,” Prof. Miller was honored for her contribution to this field, and her esteemed colleagues spoke on the issues she helped bring to the forefront of the healthcare debate.

However, she’s not retiring completely from teaching. For the next two spring semesters, Professor Miller will be a visiting professor at the William S. Richardson School of Law at the University of Hawaii at Manoa. “I’ll be working with the law school’s new federally funded Center for Health Law & Policy, which focuses on improving health care access in the Hawaiian Islands,” she said.

Professor Miller recently gave a presentation to the Hawaii Health Policy Group, about the “Top 10 Public Health Law Advances of the Past Half Century”; on March 8 she will do Grand Rounds in Pediatrics at John A. Burns School of Medicine, University of Hawaii, on “Gene Therapy and Genetic Enhancement”; and she will be moderating a conference at the University of Hawaii Law School on “The Future of Health Access in Hawaii, With or Without Federal Reform” on April 7.

In the fall of 2010 , she will return to the hallways of BU Law in the fall as professor emerita to teach a course on Food and Drug Law. Professor Miller, who has been teaching this class for more than a decade, reports that several former BU Law students now work for the FDA: five are in the Office of Special Counsel, another heads the Center for Drug Effectiveness’s Office of Compliance, and several more work in the agency.

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Faculty activities

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Program news

BU Law launches Health Law Scholars Program

BU Law welcomes its new Health Law Scholars Program Program for law graduates to train at BU’s Schools of Law and Public Health for careers in research and teaching. This program selects scholars, in a competitive application process, 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 $50,000 stipend and teach one class at BU Law.

>>For more information about the Health Law Scholars Program, go here or email Rachel Wilson.

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BU Law adds new Health Law Externship program

Through the health law externship program, BU Law students develop practical lawyering skills through live-client and real-life practice experiences in Boston’s vibrant health care sector. Boston is a major center for national and global health policy, and home to the Massachusetts Legislature, a frequent innovator in health care legislation and model for federal health reform. BU lecturer in law Ben Moulton, former executive director of ASLME, oversees the program.

Students have ample opportunity for pursuing any health law interest, whether it be protection of participants in clinical trials, pharmaceutical regulation or cutting-edge legislation designed to cover the uninsured. The program’s first students landed jobs at major area hospitals, including Boston University Medical Center, the U.S. Attorney’s Office’s Health Fraud division, a clinical trials firm serving Boston biotech companies, a clinical research organization, and a leading health care advocacy group.

“In the first year, we served a dozen students. Next year the program will double,” said Associate Professor Kevin Outterson. “In the current job environment, that will be welcome.”

Moulton noted that one employer was especially pleased with the experience. “They want more BU Law students. But again, these students are the cream of the class. They’ve already taken the health law curriculum. From the employers’ point of view, they’re working with students who are already knowledgeable and experienced in the issues.”

>>See story.

>>For more information on the externships program, see Web site.

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JD-MPH dual-degree program gives students a head start in health law

Boston University offers an exceptional, integrated course of interdisciplinary study in law and public health, leading to both the JD and MPH (Master of Public Health) degrees in an accelerated 4-year program. The program trains students in the disciplines that are essential to understanding and working in the health sector, including health policy and management, epidemiology, and social sciences. Graduates are prepared to take leadership roles in both public and private organizations and agencies, including the US Senate Office of Legislative Counsel and the Food and Drug Administration. For more information, go here.

The Department of Health Law, Bioethics & Human Rights at BU School of Public Health offers a competitive Fellowship in Health Law & Bioethics that pays tuition for up to 2 semesters of study for the MPH degree.

>>For information on the Fellowship, go here.

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ASLME and BU Law renew long-term relationship

Founded in 1911 as a non-educational organization to provide scholarship, debate, and critical thought for professionals at the intersection of law, medicine and ethics, the American Society of Law, Medicine & Ethics (ASLME) has been housed at BU Law for nearly three decades. Members come together to examine big health questions with far-reaching social ramifications such as genetic testing and research, medical record privacy, end-of-life decisions, and the dynamics of informed consent. ASLME offers conferences and webinars, and connects teaching professionals across North America to exchange ideas, classroom materials and curricula.

>>More information about ASLME.

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AJLM is highest-ranked health journal in the nation

The American Journal of Law and Medicine (AJLM), which is jointly published by BU Law and ASLME, was recently named the nation’s leading health law journal, according to Washington and Lee University Law School’s 2008 ranking system (using a system that takes into account impact factor and total cites; view rankings). BU Law’s Associate Professors Kevin Outterson and Abigail Moncrieff serve as faculty editors for the journal, and a distinguished group of faculty at various universities serves as peer reviewers. This peer-reviewed quarterly journal specializes in health care law, both domestic and international. Articles explore bioethics, health care financing, health policy, fraud and abuse, intellectual property, and many other health-related fields. Student editors enhance research and writing skills that advance their career opportunities. The latest symposium, Feb. 6’s “Follow the Money: The Impact of Economics on the Delivery of Health Care” was held at BU Law.

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Alumni newsmakers

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

harlow honoree

David Harlow’s HealthBlawg named to ABA Journal Blawg 100 Blogger

David Harlow (’87, BUSPH ’89) was named to the ABA Journal Blawg 100 in December, for his HealthBlawg. For Harlow, a health care lawyer and consultant and principal of The Harlow Group LLC, based in Newton, this is his first time being recognized by the Blawg 100 since he began writing his blog three years ago. “It is very gratifying to be recognized by my peers in this way – in particular since HealthBlawg is the first health care law and policy blog to make it to the ABA Journal Blawg 100,” said Harlow on his blog. “Blogging has enhanced my ability to connect in a meaningful way with colleagues and clients – not only locally, but around the country and, in some cases, around the world.” He added, “I do not envy the editors who had to make the tough decisions — there are many more than 100 deserving blawgs out there.”

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Tiano named President, Regional Health Plans of HealthNet

Linda Tiano (’80) recently was named president, Regional Health Plans, Health Net of the Northeast, by Health Net Inc. In this newly created position, Tiano, 52, will lead the efforts for the Northeast operations.

>>See full press release.

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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 non-governmental 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, intellectual property rights involved with gene therapy and pharmaceuticals, biomedical research, global health and human rights, as well as perennial issues such as physician-patient relationships, rationing scarce resources, provider licensure, fraud and abuse, antitrust and mental health. Most importantly, our health law courses are taught by full-time faculty dedicated to health law teaching and scholarship, at both the School of Law and the School of Public Health.

BU Law's concentration in health law offers a structured array of courses leading to certification of specialized study in law. The JD-MPH dual degree program adds interdisciplinary studies for specialization in the health field.

>>View full BU Law Health Law curriculum and SPH courses.

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Recent and upcoming events

  • October 24, 2009 BU Law Sixth Annual Health Law Conference, “Naked on the Net? The Future of Health Privacy in the Information Technology Age” October 24, with Professor Nicholas Terry (Saint Louis University). Other speakers included Karen Bell, former director in the Office of the National Coordinator for Health Information Technology, US Department of Health and Human Services, and BU Professors George Annas, Leonard Glantz, Wendy Mariner, Frances Miller and Patricia Roche. >>See video
  • November 4-5, 2009 “Health and Hospital Law Training,” offered through Massachusetts Continuing Legal Education. Featuring a panel of lecturers among the leading health care law experts in the region and nation, including BU Law Professor Wendy K. Mariner, this comprehensive program provided an introduction to Massachusetts and federal health care law. >>See Web site
  • December 5, 2009 Professor George Annas presented “The Genomics Revolution in the Shadow of Auschwitz,” at the Biology and Law Conference, Jagellonica University, Krakow, Poland.
  • February 1-3, 2010 “Assessing Incentives for Continued Antimicrobial Effectiveness,” a presentation by Prof. Outterson at the National Foundation for Infectious Diseases Annual Conference on Antimicrobial Resistance, Bethesda, Md.
  • March 4, 2010 “Real Emergency Preparedness Laws,” presented by Professor Mariner at the ABA Homeland Security Law Institute, Washington DC.
  • March 11, 2010 "Worst-Case Scenarios and All-Hazards Preparedness: Health and Human Rights Lessons from the Haiti Earthquake (and the H1N1 pandemic), presented by Professor Annas at the Global Health: Pandemics, Poverty and Policy Conference, DePaul University College of Law Health Law Institute, Chicago.
  • March 11, 2010 Professor Wendy Mariner debated David Rivkin on the constitutionality of the individual mandate in federal health reform bills, in a program sponsored by the Federalist Society and the Pioneer Institute.
  • March 15, 2010 BUSPH Public Health Forum "Do Global Pharmaceutical Companies Have a Duty to Help Impoverished Patients?" with Prof. Outterson. >>See story
  • June 3-5, 2010 The 33rd Annual Health Law Professors Conference, University of Texas School of Law, Austin.
  • September 13-15, 2010 “Using Laws, Policy and Research to Improve the Public's Health: A National Conference," Atlanta.
  • October 22, 2010 "The 4th Annual Student Health Law Conference: Taking the Health Law Career Path" Seton Hall Law School, Newark, N.J.

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Health Law faculty


George Annas, William Fairfield Warren Distinguished Professor; Professor of Law; Chairman and Professor of Health Law Department, BUSPH



Leonard Glantz, Professor of Law; Associate Dean and Professor of Health Law, BU School of Public Health; Professor of Socio-Medical Sciences and Community Medicine, BU School of Medicine



Wendy Mariner, Professor of Law; Edward R. Utley Professor; Professor of Health Law, BU School of Public Health; Professor of Socio-Medical Sciences and Community Medicine, BU School of Medicine



Abigail Moncrieff, Peter Paul Development Professor; Associate Professor of Law



Kevin Outterson, Associate Professor of Law

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