Wendy K. Mariner, JD, MPH, LLM

Edward R. Utley Professor, Health Law, Bioethics & Human Rights
Wendy Mariner
(617) 638-4626wmariner@bu.edu
Talbot – T362W
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Professor Mariner is the Edward R. Utley Professor of Health Law at Boston University School of Public Health, Professor of Law at Boston University School of Law, Professor of Socio-Medical Sciences at Boston University School of Medicine, and Director of the J.D.-M.P.H. joint degree program. Professor Mariner’s research focuses on laws governing health risks, including social and personal responsibility for risk creation in conceptions of insurance, as well as national health systems, including the Affordable Care Act and ERISA, health information privacy, and population health policy. She has published more than 100 articles in the legal, medical and health policy literature on patients and consumers’ rights, health care reform, insurance benefits, insurance regulation, public health, AIDS policy, research with human beings, and reproductive rights, and co-authored the law school textbook, PUBLIC HEALTH LAW (Ken Wing, Wendy Mariner, George Annas & Dan Strouse). She also serves as a Program Chair of the Program in Health Law & Human Rights, a joint project with the Public Health Regulations Analysis Center of the National School of Public Health of the New University of Lisbon. Currently, she serves on the Health Information Exchange-Health Information Technology Council Advisory Committee for the Commonwealth of Massachusetts and chairs its Legal and Policy Workgroup. She is also a member of the Council of the American Bar Association’s Individual Rights and Responsibilities Section. Professor Mariner has served on state, national, and international boards and commissions, including the Massachusetts Health Facilities Appeals Board, the Massachusetts Health Care Quality and Cost Council Advisory Committee, the National Institutes of Health’s AIDS Policy Advisory Committee, Institute of Medicine Study Committees, the CIOMS/WHO Steering Committee for the International Ethical Guidelines for Biomedical Research Involving Human Subjects, and the Executive Board of the American Public Health Association. Her university activities have included serving as Chair of the Boston University Faculty Council, Co-Director of Regulatory Knowledge and Research Ethics of Boston University’s Clinical and Translational Science Institute, and legal director for the Boston University School of Public Health project providing technical assistance to the Russian Federation in developing health reform legislation. She was the American Journal of Public Health’s Contributing Editor for Health Law and Ethics and currently serves on the editorial boards of Journal of Health Politics, Policy & Law, the Journal of Law, Medicine & Ethics, and the Human Rights and the Global Economy. She and Professors Annas and Glantz have submitted amicus curiae briefs to the United States Supreme Court in cases involving health law issues, including the Affordable Care Act.

Other Positions:

  • Professor, Sociomedical Sciences, Boston University School of Medicine


  • Wellesley College, BA
  • Columbia University, JD
  • Harvard University, MPH
  • New York University School of Law, LLM

Classes Taught

  • SPHLW719
  • SPHLW830
  • SPHLW850


  • Published on 1/1/2014

    Mariner WK. Health insurance is dead; long live health insurance. Am J Law Med. 2014; 40(2-3):195-214.

    Read at: PubMed
  • Published on 8/15/2013

    Mariner WK, Annas GJ. "Sugary drinks" and obesity. N Engl J Med. 2013 Aug 15; 369(7):680-1.

    Read at: PubMed
  • Published on 4/3/2013

    Mariner WK, Annas GJ. Limiting "sugary drinks" to reduce obesity--who decides? N Engl J Med. 2013 May 9; 368(19):1763-5.

    Read at: PubMed
  • Published on 1/1/2013

    Mariner WK. Did Legal Education Fail Health Reform? And How Health Law Can Help. Indiana Health Law Review. 2013; 10(1):1-37.

  • Published on 7/18/2012

    Mariner WK, Glantz LH, Annas GJ. . Reframing Federalism -- The Affordable Care Act (and Broccoli) in the Supreme Court. New Engl J Med. July 18, 1012, http://www.nejm.org/doi/full/10.1056/NEJMhle1208437. 2012.

    Read at: Custom
  • Published on 7/18/2012

    Mariner WK, Glantz LH, Annas GJ. Reframing federalism--the Affordable Care Act (and broccoli) in the Supreme Court. N Engl J Med. 2012 Sep 20; 367(12):1154-8.

    Read at: PubMed
  • Published on 1/13/2012

    Mariner WK, Hall MA, Gluck AR, Fried C. Brief of 104 Health Law Professors as Amici Curiae in Support of Petititoners, in U.S. Department of Health and Human Services v. State of Florida, No. 11-398, Supreme Court of the United States (Jan. 13, 2012). 2012.

  • Published on 1/1/2012

    Mariner WK. The Affordable Care Act Individual Coverage Requirement: Ways to Frame the Commerce Clause Issue. Annals of Health Law. 2012; 21:45-62.

  • Published on 1/1/2012

    Mariner WK. . The Affordable Care Act and Health Promotion: The Role of Insurance in Defining Responsibility for Health Risks and Costs. Duquesne L. Rev. 2012; 50: 271-331. 2012.

  • Published on 10/27/2011

    Mariner WK, Balkin JM, Somin I. The constitutionality of the individual mandate. N Engl J Med. 2011 Oct 27; 365(17):e36.

    Read at: PubMed

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