Liz McCuskey

Elizabeth McCuskey

Professor of Health Law, Policy, & Management


BA, University of Pennsylvania
JD, University of Pennsylvania


Biography

Elizabeth McCuskey is Professor of Health Law Policy & Management Department at the BU School of Public Health and BU School of Law, and a member of the Center for Law, Ethics, & Human Rights. Her research focuses on how state and local governments pursue legal reforms that promote health equity – especially insurance and access to care – and how courts intervene in these relationships. She has worked on state and federal legislation and helps government task forces wrangle questions of preemption and design durable health reforms to withstand legal challenges in court.  Her recent work examines the role of employer-sponsored health insurance in access to reproductive care.

Professor McCuskey is co-author of the leading health law casebook, Health Law: Cases & Materials (9th ed. West 2022), and a contributing author to A Guide to Civil Procedure:  Integrating Critical Legal Perspectives (NYU Press 2022).  Her research on health reform and ERISA has appeared in prominent health policy publications, such as the Journal of Law, Medicine, & Ethics and Health Affairs Forefront, as well as in the Columbia Law Review, University of Pennsylvania Law Review, UC Davis Law Review, Ohio State Law Journal, and the Temple Law Review.  She has also analyzed FDA preemption issues for SCOTUSBlog.  Her teaching covers Health Law, Public Health Law, Health Insurance & the ACA, Food & Drug Law, Health Care Antitrust, and Civil Procedure.

She comes to BU from UMass, where she developed the health law curriculum and taught a co-curricular immersion with the Center for Reproductive Rights. Before UMass, she led the JD/MPH and JD/MD joint degree programs and the Health Law program at the University of Toledo.  Before her academic career, Professor McCuskey practiced law with Drinker, Biddle, & Reath LLP, specializing in antitrust and appellate litigation for health care clients. In addition, she has served as a board member and advocate with Philadelphia Legal Assistance, a litigation assistant for Hale and Dorr LLP’s representation of Boston Scientific, an intern for then-Chief Judge David Faber on the US District Court for the S.D.W.V., and a member of Advisory Committee to the US District Court for the N.D.O.H.

Profile Types
Faculty and Full-Time Faculty
Areas of Interest
Health Law
Profiles
Elizabeth McCuskey

Publications

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  • Brief for Amici Curiae Legal Scholars Supporting Respondent
    Scholarly Commons
  • Valarie Blake & Elizabeth McCuskey, Employer-Sponsored Reproduction 124 Columbia Law Review (2023)
    Scholarly Commons
  • Brooke Coleman, Suzette Malveaux, Portia Pedro, Elizabeth Porter, Jasmine Gonzales Rose & Elizabeth McCuskey, A Guide to Civil Procedure: Integrating Critical Legal Perspectives (2022)
    Scholarly Commons
  • State Cost-Control Reforms and ERISA Preemption
    Scholarly Commons
  • Brietta R. Clark, Erin C. Fuse Brown, Robert Gatter, Elizabeth McCuskey & Elizabeth Pendo, Health Law: Cases, Materials and Problems, Abridged, 9th edition (2022)
    Scholarly Commons
  • Brietta R. Clark, Erin C. Fuse Brown, Robert Gatter, Elizabeth McCuskey & Elizabeth Pendo, Law and Health Care Quality, Patient Safety, and Liability, 9th Edition (2022)
    Scholarly Commons
  • Lindsay F. Wiley, Elizabeth McCuskey, Matthew B. Lawrence & Erin C. Fuse Brown, Health Reform Reconstruction 55 U.C. Davis Law Review (2021)
    Scholarly Commons
  • The Implications Of Rutledge v. PCMA For State Health Care Cost Regulation
    Scholarly Commons
  • Erin C. Fuse Brown, Matthew B. Lawrence, Elizabeth McCuskey & Lindsay F. Wiley, Social Solidarity in Health Care, American-Style 48 Journal of Law, Medicine & Ethics (2020)
    Scholarly Commons
  • Elizabeth McCuskey, ERISA Reform as Health Reform: The Case for an ERISA Preemption Waiver 48 Journal of Law, Medicine & Ethics (2020)
    Scholarly Commons
  • Elizabeth McCuskey, FDA In the Time of COVID-19 45 Administrative & Regulatory Law News (2020)
    Scholarly Commons
  • Erin C. Fuse Brown & Elizabeth McCuskey, Federalism, ERISA, and State Single-Payer Health Care 168 University of Pennsylvania Law Review (2020)
    Scholarly Commons
  • Could States Do Single-Payer Health Care?
    Scholarly Commons
  • Elizabeth McCuskey, Big Waiver under Statutory Sabotage 45 Ohio Northern University Law Review (2019)
    Scholarly Commons
  • Andrew Morrison & Elizabeth McCuskey, Chapter 8: Is the Preemption Clause of ERISA Unconstitutional? New York University Review of Employee Benefits and Executive Compensation (2019)
    Scholarly Commons
  • Elizabeth McCuskey, On Drugs: Preemption, Presumption, and Remedy 38 Journal of Legal Medicine (2018)
    Scholarly Commons
  • Elizabeth McCuskey, The Body Politic: Federalism as Feminism in Health Reform 11 Saint Louis University Journal of Health Law & Policy (2018)
    Scholarly Commons
  • Elizabeth McCuskey, Agency Imprimatur & Health Reform Preemption 78 Ohio State Law Journal (2017)
    Scholarly Commons
  • Elizabeth McCuskey, Body of Preemption: Health Law Traditions and the Presumption against Preemption 89 Temple Law Review (2016)
    Scholarly Commons
  • Elizabeth McCuskey, Submerged Precedent 16 Nevada Law Journal (2016)
    Scholarly Commons
  • Elizabeth McCuskey, Villanelle for Susan Martyn 47 University of Toledo Law Review (2015)
    Scholarly Commons
  • Elizabeth McCuskey, The Space between Two Worlds: Forward to the Health Law 46 University of Toledo Law Review (2015)
    Scholarly Commons
  • Scott Dodson & Elizabeth McCuskey, Structuring Jurisdictional Rules and Standards 65 Vanderbilt Law Review En Banc (2012)
    Scholarly Commons
  • Elizabeth McCuskey, Clarity and Clarification: Grable Federal Questions in the Eyes of Their Beholders 91 Nebraska Law Review (2012)
    Scholarly Commons
  • Elizabeth McCuskey, Circuit Conflicts in Antitrust Litigation (2009)
    Scholarly Commons
  • Elizabeth McCuskey, Jackson v. Birmingham Board of Education: Title IX's Implied Private Right of Action for Retaliation 8 University of Pennsylvania Journal of Constitutional Law (2006)
    Scholarly Commons

In the Media

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  • Billboard October 20, 2023

    A2IM’s New Healthcare Plans for Artists Should Come With ‘Buyer Beware’ Warning, Experts Say

    Liz McCuskey is quoted.
    read more

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