Frances H. Miller

Professor of Law Emerita

BA, Mount Holyoke College
JD cum laude, Boston University

Areas of Interest
Health Law
Contact
Biography

Professor Frances Miller‘s zest for knowledge has turned her into one of the foremost experts on American health care law and policy and a specialist on comparative health systems. She served as a consultant to the White House Task Force on Health Care Reform in 1993 and 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 health care in Europe, Africa, South America, the Middle East and China. At Boston University, Professor Miller, the 1989 recipient of the University’s Metcalf Cup and Prize for teaching excellence, teaches courses in health law, antitrust in the health sector, food and drug law as well as trusts and estates. “As far as I’m concerned, health care is the most interesting and challenging area of the law,” she says. “With continually changing regulation, insurance coverage and medical service delivery innovations, health lawyers have to know how the health sector functions, but they also must be smart, well-rounded attorneys who understand basic legal doctrine relating to such areas as labor law, contracts, antitrust, intellectual property, malpractice law and bioethics.”

Professor Miller is additionally known for her expertise in trusts and estates, and she made two PBS television series on the topic in the 1980s. The author of many articles in legal and medical journals, and an editor of several books, Professor Miller’s recent volume “Rights and Resources” in the International Library of Medicine, Ethics and Law series, was published in 2003. She is faculty editor of the American Journal of Law and Medicine and a trustee of the Joslin Diabetes Center and of Mount Holyoke College.

Publications
  1. Frances Miller, "Comparative Effectiveness of Pharmaceutical Interventions: Is the US Getting N.I.C.E. About Time in a Bottle?" Drexel University Law Review (forthcoming).
  2. Frances Miller, "Medical Error, Adverse Drug Reactions & Patient Safety: The 'Precautionary Principle' in the US and the EU," in Risk Management in a Complex World: A Transatlantic Dialogue on Precaution , J. Weiner & M. Rogers, eds., (forthcoming).
  3. Frances Miller, "The Top Ten Patient Rights Advances of the Past Half Century," Saint Louis University Journal of Health Law & Policy (forthcoming).
  4. Access to HPV Vaccines: Human Rights and Global Health, 35:2 & 3, Kevin Outterson & Frances Miller, eds., American Journal of Law and Medicine (2009).
  5. Frances Miller, "A Quality Life," in Symposium on Developments in International Disability Sport Law, 27 Boston University International Law Journal ix (2009).
    HeinOnline (BU) | HeinOnline
  6. Frances Miller, "Reviews in Medical Ethics: Stumbling on Options," review of Timothy Stoltzfus Jost, Readings in Comparative Health Law & Bioethics, Carolina Academic Press (2007), 36 Journal of Law, Medicine & Ethics 851 (2008). Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  7. Frances Miller, "Contracting for Healthcare Quality," in Biomedical Ethics: A Multidisciplinary Approach to Moral Issues in Medicine and Biology 303, David Steinberg, ed., University Press of New England (2007).
  8. Frances Miller, "Foreword: The Politics of Health Law: Any Tipping Points in View?" in Symposium on The Politics of Health Law, 29 Western New England Law Review 265 (2007).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  9. Frances Miller, "Consolidating Pharmaceutical Regulation Down Under: Policy Options and Practical Realities," 26 University of Queensland Law Journal 111 (2006).
    HeinOnline (BU) | HeinOnline
  10. Frances Miller, "Foreword: Globe-Hopping Pharmaceuticals," in Symposium Globe-Hopping Pharmaceuticals, 32 American Journal of Law & Medicine 153 (2006).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  11. Frances Miller, Law in Public Health Practice, Richard A. Goodman et al., eds., Oxford University Press (2002), 61 Social Science & Medicine 2661 (2005).
  12. Frances Miller, "Globalizing Pharmaceutical Regulation: Leveling up or Letting down Our Guard?" 3:3 Law and Bioethics Report (2004).
  13. Frances Miller & Kaley Klanica, "Vaccines and Immunotherapies to Control Addiction in Minors: The Legal Framework," in New Treatments for Addiction: Behavioral, Ethical, Legal and Social Questions 276, H. J. Harwood & T. G. Myers, eds., National Academy of Sciences (2004).
  14. Frances Miller, "Why Don't Doctors & Lawyers (Strangers in the Night) Get Their Act Together?" review of Peter Jacobson, Strangers in the Night: Law and Medicine in the Managed Care Era, Oxford University Press (2002), 102 Michigan Law Review 1295 (2004). Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  15. Frances Miller, "The Hidden Hazards of Clinical Trials," 39 Trial Magazine 50 (2003).
  16. Frances Miller, "Introduction: Patient Rights and Health Care Resources: Two Sides of an Irregular Coin," in Rights and Resources vi, Frances Miller, ed., Ashgate (2003).
  17. Frances Miller, "The National Resident Matching Program and Antitrust," 289 Journal of the American Medical Association 913 (2003).
  18. Rights and Resources, Frances Miller, ed., Ashgate (2003).
  19. Frances Miller, "A Roadmap for Health Care Accountability," review of E. Haavi Morreim, Holding Health Care Accountable: Law and the New Medical Marketplace, Oxford University Press (2001), 33:2 Hastings Center Report 46 (2003).
  20. Frances Miller, "Life, Death and Stem Cells," Boston University School of Law Women's Issues Newsletter (2002).
  21. Frances Miller, "Phase Two of the Genetics Revolution: Sophisticated Issues for Home and Abroad," 28 American Journal of Law & Medicine 145 (2002).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  22. Frances Miller & Wendy Mariner, Medical Error Reporting: Professional Tensions Between Confidentiality and Liability, Issue Brief for the Massachusetts Health Policy Forum, (2001).
    Publisher
  23. Frances Miller, "Trusting Doctors: Tricky Business When It Comes to Clinical Trials," 81 Boston University Law Review 423 (2001).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  24. Frances Miller, "Contracting for Health Care Quality," Spring 2000 Medical Ethics 4 (2000).
  25. Frances Miller, "Health Care Information Technology & Provider Accountability: A Symbiotic Relationship," in Law & Medicine 27, M. Freeman & A. D. Lewis, eds., Oxford University Press (2000). [Volume 3 Current Legal Issues series]
  26. Frances Miller, "In Memoriam: Celebration of the Life of Michael Ward Melton," 80 Boston University Law Review 352 (2000).
    Westlaw
  27. Frances Miller & Walter Miller Jr., "Lessons to Be Learned from Harvard Pilgrim HMO's Fiscal Roller Coaster Ride," 28 Journal of Law, Medicine & Ethics 287 (2000).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  28. Frances Miller, "Practice Guidelines and Medical Malpractice Liability," in Practice Guidelines , Marilyn J. Field, ed., Institute of Medicine, National Academy of Sciences (1999).
  29. Frances Miller, "Preface," in Symposium Electronic Medical Information: Privacy, Liability and Quality Issues, 25 American Journal of Law & Medicine 191 (1999).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  30. Frances Miller & George J. Annas, "Culture, Economics and Choice," in Some Choice: Law, Medicine, and the Market 63, Oxford University Press (1998).
  31. Frances Miller, "Doctors in the Executive Suite: Should the U.S. and U.K. Be Putting M.D. Licensure at Risk for Shortfalls in Institutional Quality of Care?" 31 Journal of Health and Hospital Law 217 (1998).
  32. Frances Miller, "Health Care Information Technology and Informed Consent: Computers and the Doctor-Patient Relationship," 31 Indiana Law Review 1019 (1998).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  33. Frances Miller, P. Day & R. Klein, Hurdles and Levers: A Comparative U.S. - U.K. Study of Guidelines, Nuffield Foundation (1998).
  34. Frances Miller, D.M. Studdert et al., "Medical Malpractice Implications of Referral to Providers of Alternative Medicine," 280 Journal of the American Medical Association 1610 (1998).
  35. Frances Miller, "Practice Guidelines and Medical Ethics," 8 Medical Ethics Newsletter 1 (Winter 1998).
  36. Frances Miller, "Practice Guidelines and Medical Ethics: Part II," 10 Medical Ethics Newsletter 7 (Summer 1998).
  37. Frances Miller & George J. Annas, "The Effect of Culture and Economics on Informed Consent in Japan," Tsukuba Review of Law and Political Science (1997).
  38. Frances Miller, "Foreword," in Symposium Managed Care Phase Two - Structural Changes and Equity Issues, 23 American Journal of Law and Medicine 188 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  39. Frances Miller, "Medical Discipline in the 21st Century: Can Purchasers Do It?" in Symposium on Medical Malpractice: External Influences & Controls, 60 Law & Contemporary Problems 31 (1997).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  40. Frances Miller, "Capitation & Physician Autonomy: Master of the Universe or New Prisoner's Dilemma? (What Can Britain's National Health Service Experience Teach Us?)," in Symposium on Physician Decision Making and Managed Care, 6 Health Matrix 125 (1996).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  41. Frances Miller, "Doctor Profiling: Why Physicians? Why Now? (& a Realistic Appraisal of Your Concerns)," 60 Worcester Medicine 10 (1996).
  42. Frances Miller, "Foreword: The Promise and Problems of Capitation," in Symposium The Promise and Problems of Capitation, 22 American Journal of Law and Medicine 167 (1996).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  43. Frances Miller, "Gag Clauses, Medical Ethics and the Law," 2 Lahey Hitchcock Clinic Medical Ethics Newsletter 4 (1996).
  44. Frances Miller, "Illuminating Patient Choice: Releasing Physician-Specific Data to the Public," in Symposium on Competition and Consumerism: Striking a Balance, 8 Loyola Consumer Law Reporter 125 (1996).
    Westlaw
  45. Frances Miller, "Legal Ramifications of the NCCN Practice Guidelines: Good Medicine Is Good Law," in Symposium on NCCN Practice Guidelines for Cancer, 10 Oncology 35 (1996).
  46. Frances Miller, "Doctors' Conflicts of Interest (& Altruism) in the United States and Great Britain," review of Marc A. Rodwin, Medicine, Money & Morals: Physicians' Conflicts of Interest, Oxford University Press (1993), 27 Indiana Law Review 687 (1994). Westlaw
  47. Frances Miller & George J. Annas, "The Empire of Death: How Culture and Economics Affect Informed Consent in the US, the UK, and Japan," 20 American Journal of Law & Medicine 357 (1994). Reprinted in Rights and Resources 25, Frances H. Miller, ed., Ashgate (2003).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  48. Frances Miller & Philip A. Huvos, "Genetic Blueprints, Employer Cost-Cutting, and the Americans with Disabilities Act," 46 Administrative Law Review 369 (1994).
    Westlaw | HeinOnline (BU) | HeinOnline
  49. Frances Miller, "Health Insurance Purchasing Alliances: Monopsony Threat or Procompetitive Rx for Health Sector Ills?" 79 Cornell Law Review 1546 (1994).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  50. Frances Miller, "Infant Resuscitation and the Law: Trans-Atlantic Judicial Disparity on the Role of Clinical Judgement," 343 The Lancet 1584 (1994).
  51. Frances Miller, "Malpractice Liability and Physician Autonomy," 342 The Lancet 973 (1993).
  52. Frances Miller, "Competition Law and Anticompetitive Professional Behavior Affecting Health Care," 55 The Modern Law Review 453 (1992).
    HeinOnline (BU) | HeinOnline
  53. Frances Miller, "Denial of Health Care and Informed Consent in English and American Law," 18 American Journal of Law & Medicine 37 (1992).
    Westlaw | Lexis Advance | HeinOnline (BU) | HeinOnline
  54. Frances Miller, "Economics, Fiduciary Standards and Medical Malpractice Liability," in Proceedings of the Third European Symposium of the International Academy of Law and Mental Health , International Academy of Law and Mental Health (1992). [Italian and English]
  55. Frances Miller, "Health Policy, Competition and Professional Behavior," in Health care U.K. , John Appleby, ed., King's Fund (1992).
  56. Frances Miller, "Maternal/Fetal Conflicts: Narrowing the Controversy," in Philosophy and Health Care 113, M. Menlowe & E. Matthews, eds., Avebury Press (1992).
  57. Frances Miller, "Maternal-Fetal Ethical Dilemmas: A Guideline for Physicians," 10 Seminars in Anesthesia 157 (1991).
  58. Frances Miller & R. Lee, "The Doctor's Changing Role in Allocating U.S. and British Medical Services," in Symposium Proceedings of the Second International Conference on Health Law and Ethics, 18 Law, Medicine & Health Care 69 (1990).
    HeinOnline (BU) | HeinOnline
  59. Frances Miller, "The Human Genome Initiative: Probate Court Implications," in Course Materials , American College of Probate Judges (Nov. 1990).
  60. Frances Miller, "Surrogate Fatherhood," review of Martha Field, Surrogate Motherhood: The Legal and Human Issues, Harvard University Press (1988), 70 Boston University Law Review 169 (1990). Westlaw | Lexis Advance
  61. Frances Miller, "The Antitrust Perspective on Health Industry Competition," 12 Journal of Health and Human Resources Administration 128 (1989).
  62. Frances Miller, "The Biological Father's Rights in the Adoption Context: Before and Beyond Baby M," in Course Materials , American College of Probate Judges (Spring 1989).
  63. Frances Miller, "Health Planning in a Competitive Environment: An Oxymoron?" Cost, Quality and Access in Health Care: New Roles for Health Planning in a Competitive Environment, Frank A. Sloan et al., eds., Jossey-Bass Publishers (1988), 10 Journal of Legal Medicine 763 (1989).
  64. Frances Miller, "Practice Guidelines and Medical Malpractice Liability," in Practice Guidelines , Marilyn J. Field, ed., Institute of Medicine, National Academy of Sciences (1989).
  65. Frances Miller, "Antitrust Quandaries of Health Administrators," Journal of Health and Human Resources Administration (1988).
  66. Frances Miller, "Teaching Antitrust to Health Law Students: Peer Review As a Case Study," in Symposium on Teaching Health Law, 38 Journal of Legal Education 545 (1988).
    HeinOnline (BU) | HeinOnline
  67. Frances Miller, "Vertical Restraints and Powerful Health Insurers: Exclusionary Conduct Masquerading as Managed Care?" 51 Law and Contemporary Problems 195 (1988).
    Westlaw | HeinOnline (BU) | HeinOnline
  68. Frances Miller, "Antitrust Laws: Protecting Competition in an Era of Oversupply," 2:3 Massachusetts Medicine 23 (1987).
  69. Frances Miller, "Brain Tissue Transplants: Another Case for Legislation?" 3 Massachusetts Medicine 21 (1987).
  70. Frances Miller, "Cost Control and Physician Liability," 2:5 Massachusetts Medicine 23 (1987).
  71. Frances Miller, "Good News About Cost Cuts - Physicians Still Have the Last Word," 2 Massachusetts Medicine 23 (1987).
  72. Frances Miller, "The Inapplicability of Market Theory to Adoptions," 67 Boston University Law Review 99 (1987).
  73. Frances Miller, "Physician Autonomy: U.S. v. U.K.," 2:1 Massachusetts Medicine 19 (1987).
  74. Frances Miller & Tamar Frankel, "A Comment on Posner's Market for Babies," 66 Boston University Law Review 99 (1986).
  75. Frances Miller, "Informed Consent for the Man on the Clapham Omnibus: An English Cure for the 'American Disease'?" 9 Western New England Law Review 301 (1987).
    HeinOnline (BU) | HeinOnline
  76. Frances Miller, "Informed Consent in Massachusetts: Shoot the Messenger," 1:2 Massachusetts Medicine 35 (1986).
  77. Frances Miller, "Medical Malpractice: Do the British Have a Better Remedy?" 11 American Journal of Law and Medicine 433 (1986).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  78. Frances Miller & Graham Miller, "The Painful Prescription: A Procrustean Perspective?" 314 New England Journal of Medicine 1383 (1986).
  79. Frances Miller, "The Pregnant Woman v. The Fetus at Risk: Rights in Conflict?" 1 Massachusetts Medicine 17 (1986).
  80. Frances Miller, "Political Analysis and American Medical Care by Theodore Marmor," 7 Sociology of Health and Illness 118 (1985).
  81. Frances Miller, "Reflections on Organ Transplantation in the United Kingdom," 13 Law, Medicine and Health Care 31 (1985).
    HeinOnline (BU) | HeinOnline
  82. Frances Miller, "Biological Monitoring: The Employer's Dilemma," 9 American Journal of Law and Medicine 387 (1984).
    Lexis Advance | HeinOnline (BU) | HeinOnline
  83. Frances Miller, "In Vitro Fertilization and Other Non-Coital Reproduction Techniques," in Course Materials , National College of Probate Judges (Nov. 1984).
  84. Frances Miller, "Secondary Income from Recommended Treatment: Should Fiduciary Problems Constrain Physician Behavior?" in The New Health Care for Profit: Doctors and Hospitals in Competitive Environment 153, Bradford H. Gray, ed., National Academy Press (1983).
  85. Frances Miller, Howard S. Rubenstein et al., "Standards of Medical Care Based on Consensus Rather Than Evidence: The Case of Routine Bedrail Use for the Elderly," 11 Law, Medicine and Health Care 271 (1983).
    HeinOnline (BU) | HeinOnline
  86. Frances Miller, "Tax Planning for Financing Higher Education," 1983 Mount Holyoke Alumnae Quarterly 20 (Winter 1983).
  87. Frances Miller, Monroe L. Inker et al., "45 Landmark Decisions: Four Experts Look at the Most Significant Cases Handed Down during the Last Two Decades," 5 Family Advocate 32 (1982).
  88. Frances Miller, "Dying in Hospice: Legal Problems," in Course Materials , National College of Probate Judges (Nov. 1982).
  89. Frances Miller, "Proposals for Child-Centered Divorce," in Course Materials , National College of Probate Judges (Nov. 1982).
  90. Frances Miller, "Boycotts and Collective Bargaining by Health Care Providers Vis-a-Vis Independent Prepayment Plans," in Course Materials , National Health Lawyers Association (1981).
  91. Frances Miller, "Antitrust and Certificate of Need: Of HSA's the Planning Act and Regulatory Capture," 68 Georgetown Law Journal 873 (1980). Reprinted in BNA's Specialty Law Digest: Health Care.
    HeinOnline (BU) | HeinOnline
  92. Frances Miller, "Why Do We Regulate Health Care?" 1980 Mount Holyoke Alumnae Quarterly 31 (Spring 1980).
  93. Frances Miller, A. Edward Douders & Elliot L. Sagall, "Medicolegal Reference Shelf," 7 Medicolegal News 22 (1979).
    HeinOnline (BU) | HeinOnline
  94. Frances Miller, "Overview and Current Trends in Malpractice Law," in Course Materials , MCLE-NELI [Malpractice Seminar] (1979). Updated and republished in Course Materials, National Conference on Women and the Law (1981).
  95. Frances Miller, A. Edward Douders & Elliot L. Sagall, "Medicolegal Reference Shelf," 6 Medicolegal News 20 (1978).
    HeinOnline (BU) | HeinOnline
  96. Frances Miller, "How to Disinherit the I.R.S. and Other Moral Tales," 1977 Mount Holyoke Alumnae Quarterly 16 (Summer 1977).
  97. Frances Miller, "PSRO Data and Information: The Issue of Disclosure to State Health Regulatory Agencies," 57 Boston University Law Review 245 (1977).
    HeinOnline (BU) | HeinOnline
  98. Frances Miller, "The Rights of the Employee As Patient," 25 Journal of Occupational Health Nursing 11 (1977).
  99. Frances Miller, review of Sylvia A. Law, Blue Cross: What Went Wrong?, Yale University Press (1974), 55 Boston University Law Review 147 (1975). HeinOnline (BU) | HeinOnline
  100. Frances Miller, "The Hill-Burton Act and Delivery of Uncompensated Medical Services," 2 Medicolegal News 1 (1974).
  101. Frances Miller, review of Marvin B. Sussman et al., The Family and Inheritance, Russell Sage Foundation (1970), 2 Commentaries 26 (1973).
  102. Frances Miller, "Wife's Tort Liability as Tenant by the Entirety," 44 Boston University Law Review 247 (1964).
    HeinOnline (BU) | HeinOnline
Courses

3 credits

This seminar examines the Food and Drug Administration as an administrative agency combining law and science to regulate activities affecting public health and safety. Topics include testing and approval of pharmaceuticals and medical devices; food safety and nutritional policy; biologics and biotechnology regulation; cosmetic regulation; pricing of and reimbursement for drugs and devices; global aspects of pharmaceutical regulation, US and foreign patent issues, and FDA practice and procedure; jurisdiction and enforcement. A writing project involving research on food and drug issues will be required. RECOMMENDED COURSES: Intellectual Property, Administrative Law & Health Law. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.

FALL 2016: LAW JD 802 A1 , Sep 7th to Dec 7th 2016
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Frances H. Miller LAW 513
FALL 2017: LAW JD 802 A1 , Sep 6th to Dec 6th 2017
Days Start End Credits Instructors Bldg Room
Wed 2:10 pm 4:10 pm 3 Frances H. Miller LAW 519
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