Professor Epstein is a Visiting Associate Professor at the University Chicago Law School, and an Associate Professor of Law and Faculty Director of the Jaharis Health Law Institute at the DePaul University College of Law. She is a graduate of Harvard Law School, where she was editor-in-chief of the Journal of Law, Medicine & Ethics, Recent Developments. Prior to starting her academic career, Professor Epstein was a partner in commercial litigation at Kirkland & Ellis LLP, concentrating on health industry clients. Professor Epstein’s teaching and research interests focus on health care law and policy, contracts, and commercial law. Her work takes an interdisciplinary approach, applying both law and economics and behavioral science principles to problems negatively impacting vulnerable parties. In 2017, Professor Epstein won both the University-wide and law school Excellence in Teaching Awards at DePaul University.
Carmel Shachar,the Executive Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, will being joining Bill of Health as both executive co-editor and regular contributor. Carmel’s scholarship focuses on law and health policy, in particular the regulation of access to care for vulnerable individuals, health care anti-discrimination law and policy, and the use of all-payer claims databases in health care research.
Before coming to the Petrie-Flom Center, Carmel was previously a Clinical Instructor on Law at the Center for Health Law and Policy Innovation at Harvard Law School (CHLPI), where she helped lead CHLPI’s access to care and Affordable Care Act implementation work. During her time at CHLPI, Carmel focused on analyzing and translating health policy issues and opportunities for a broad range of audiences, including many federal and state-level health policy coalitions. She also coordinated and led a major multi-state initiative to document discriminatory benefit designs on the health insurance Marketplaces. Carmel previously practiced health care law at Ropes & Gray, LLP in Boston, Massachusetts. Carmel currently serves on the board of the Fishing Partnership Support Services as well as on the Institutional Animal Care and Use Committee of Boston University. Carmel graduated cum laude from Harvard Law School, where she was a student fellow at the Petrie-Flom Center, and the Harvard T. H. Chan School of Public Health.
Please join us in welcoming Carmel to Bill of Health!
The Petrie-Flom Center is pleased to welcome our new 2016-2017 Student Fellows. In the coming year, each fellow will pursue independent scholarly projects related to health law policy, biotechnology, and bioethics under the mentorship of Center faculty and fellows. They will also be regular contributors here at Bill of Health on issues related to their research.
Seán Finan is an LLM candidate from Ireland at the Harvard Law School. He recently graduated from the LLB programme at Trinity College, Dublin, where he served as a Senior Editor of the Trinity College Law Review. His research interests include the ethical implications of emerging biotechnologies. For his Fellowship project, he intends to investigate the use of morality tests on patent applications as a means of indirect regulation of research.
Wendy Salkin is a Ph.D. candidate in the Department of Philosophy at Harvard University. Her primary research is in political philosophy, moral philosophy, social philosophy, and philosophy of law. She also works on questions in feminist philosophy and bioethics. She is writing a dissertation on informal political representation under the supervision of Tommie Shelby, T.M. Scanlon, Richard Moran, and Eric Beerbohm. She holds a J.D. from Stanford Law School and a B.A. in Philosophy and Africana Studies from New York University. For her Fellowship project, she will examine new directions in the debate over lifespan extension.
Brad Segal is currently a medical student at Harvard Medical School where he is enrolled in a dual MD/Master of Bioethics degree program. Brad received his BA and BS from UC San Diego where he double majored in Philosophy and Physiology/Neuroscience. In his first year at HMS Brad’s paper on the ethics of organ transplantation was awarded the Henry K. Beecher Prize in Medical Ethics. He has also studied the ethical implications of our evolving understanding of the brain, and has published on whether and when individual genetics and neurobiology should mitigate a criminal defendant’s moral culpability. During his Fellowship he will be studying what ‘harm’ means in the medical context.
Shailin Thomas is a second year law student in a joint MD/JD program between Harvard Law School and the New York University School of Medicine. He received a B.S. from Yale University, where he studied cognitive neuroscience — exploring the anatomy and physiology behind social phenomena. His interests lie at the intersection of clinical medicine and the legal forces that shape it. Prior to law school, Shailin worked on both the administrative and clinical sides of health care, and as a research associate at the Berkman Center for Internet & Society. He is currently an affiliate of the Berkman Center and Outreach Editor for the Harvard Journal of Law & Technology. A fervent proponent of privacy and freedom of expression, Shailin has also served on the Board of Directors of the American Civil Liberties Union of Connecticut. For his Fellowship project, he will focus on a tort solution for faulty eyewitness testimony procedures.
The Petrie-Flom Center is pleased to welcome Kelly Dhru and Shailin Thomas to Bill of Health as our 2016 Summer Student Bloggers!
Kelly Amal Dhru is an incoming LLM student at the Harvard Law School, and a 2016-17 Fulbright-Nehru Master’s Fellow in Public Health Law and Bioethics from India. Previously, Kelly has completed her BCL (Distinction) and MPhil in Law from University College, University of Oxford, where thesis focused on the gap between rights and duties in the context of laws preventing cruelty to animals. Kelly holds a law degree from Gujarat National Law University, and has been the Research Director at Research Foundation for Governance in India, where she has been involved in drafting laws relating to public health, bioethics and human rights. Kelly has been a research assistant for Public Health Law at King’s College London, taught the Law of Tort, Jurisprudence and Bioethics at the University of Oxford, and Ethics and Philosophy at Ahmedabad University in India. She is a co-founder and storywriter for Lawtoons: a comic series on laws and rights, and been involved spreading awareness about public health and human rights through the use of street theatre.
Shailin Thomas is a second year law student in a joint MD/JD program between Harvard Law School and the New York University School of Medicine. He received a B.S. from Yale University, where he studied cognitive neuroscience — exploring the anatomy and physiology underlying social phenomena. His interests lie at the intersection of clinical medicine and the legal forces that shape it. Prior to law school, Shailin worked on both the administrative and clinical sides of health care, and as a research associate at the Berkman Center for Internet & Society. He is currently an affiliate of the Berkman Center and Outreach Editor for the Harvard Journal of Law & Technology. A fervent proponent of privacy and freedom of expression, Shailin has also served on the Board of Directors of the American Civil Liberties Union of Connecticut.
Editor’s Note, June 2016: Thanks to John’s many contributions, he is now a Regular Contributor.
John Tingle is joining Bill of Health as a guest contributor. John’s main area of focus will be on what is happening in the UK in the areas of patient safety, clinical negligence litigation and complaints in health care. Policy documents issued in these areas by various governmental health bodies, NGOs and international health organisations such as WHO will be discussed. He will also be taking a comparative perspective and will be exploring the policies and publications of other countries on these issues. Issues such as human rights in healthcare, medical and nursing accountability, hospital transparency, governance and accountability are also key concepts for discussion.
John is Reader in Health Law at Nottingham Law School, Nottingham Trent University in the UK. He has a fortnightly magazine column in the British Journal of Nursing where he focusses on patient safety and the legal aspects of nursing and medicine. John teaches Tort and Medical Law on the LLB at Nottingham Trent and Patient Safety on the LLM in Health Law and Ethics. Continue reading →
Govind is a postdoctoral fellow at Georgetown University and will be an Assistant Professor (beginning 2016) in the Department of Health Policy and Management and Berman Center for Bioethics at Johns Hopkins University. His research is at the intersection of political philosophy, applied ethics, and health law.
Govind has been a visiting scholar at the Department of Medical Ethics and Health Policy at the University of Pennsylvania. He holds a JD/PhD from Stanford, where he was a student fellow at Stanford’s Center on Law and Biosciences; he was a pre-doctoral fellow at the Department of Bioethics, National Institutes of Health.
Robert Kinscherff is the 2015-2016 Senior Fellow in Law and Neuroscience at the Project on Law and Applied Neuroscience, a collaboration between the Center for Law, Brain & Behavior at Massachusetts General Hospital and the Petrie-Flom Center. Dr. Kinscherff is a forensic and clinical psychologist and an attorney who has been on the faculty at William James College since 1999, where he is Associate Vice President for Community Engagement with oversight of key clinical service-providing programs. He is also Teaching Faculty in the Doctoral Clinical Psychology Program and for the Doctoral School Psychology Program at William James College, Faculty at the Center for Law, Brain and Behavior, and Senior Associate for the National Center for Mental Health and Juvenile Justice. He is a member of the Massachusetts legislative Special Commission on Sexual Offender Recidivism and designee member for the Administrative Office of the Juvenile Court for the legislative Committee to Develop an Evaluation Process in Cases of Homicide by Juveniles. Kinscherff has previously served as Assistant Commissioner for Forensic Mental Health (MA Department of Mental Health), Director of Juvenile Court Clinic Services (MA Trial Court), and Director of Adult Forensic Services (Psychiatry and Law Program, MGH). For over a decade, he taught classes at the intersection of law and psychology at Boston University Law School. For the American Psychological Association, he is a current member of the Board of Professional Affairs, and has served as Chair of the APA Gun Violence Policy Review Task Force, a past two-term Chair of the Ethics Committee (EC), Chair of the Committee on Legal Issues (COLI) and Member of the Committee on Professional Practices and Standards (COPPS). His research and professional practice areas include legal, ethical, and professional practice issues in clinical and forensic mental health practice, violence risk assessment and management, juvenile homicide, aggressive and sexually problematic behaviors among youth and adults with developmental or mental disorders, and severe and unusual forms of child maltreatment. His many publications include the co-authored book APA Ethics Code: Commentary and Case Illustrations (Washington, DC: American Psychological Association Press, 2009) and more recent publications on topics including mental health practice in juvenile justice contexts, special ethical and practice considerations in work with juvenile and violent offenders, and international human rights law implications for forensic psychologists of the 2012 US Supreme Court case of Miller v. Alabama regarding mandatory life imprisonment without possibility of parole for offenses committed as a juvenile.
The Petrie-Flom Center is pleased to welcome Visiting Scholar Peng Zhao to the Bill of Health as our newest contributor, who will blog primarily about China’s drug and food law and regulatory policy.
Peng Zhao earned his BA (2003), MA (2009), and PhD (2009) in law from the China University of Political Science and Law (CUPL, Beijing). He serves as associate professor of law and vice director of the Center for Government Reform and Development at CUPL. Peng’s research and teaching interests include food law, administrative law, and risk regulation theory. He has authored more than a dozen articles on food law and risk regulation theory, and is now presiding over two research projects sponsored by the Chinese central government on these two fields. Peng is a director and member of the Chinese Association of Administrative Law, and deputy secretary general of a committee affiliated with this organization which focuses on legal issues on governmental regulation. Peng has also participated actively in professional service activities. He had served as member of an expert commission for the National Health and Family Planning Commission on amendments to Chinese Food Safety Law, and currently is serving as advisor to the Ministry of Science and Technology on amendments to Chinese regulation of laboratory animal management. In addition, Peng was recently recognized by CUPL students as one of the Top Ten Popular Teachers at CUPL from 2013 to 2015. Continue reading →
The Harvard Health Law Society (HHLS) is a student organization at Harvard Law School, dedicated to exploring issues at the intersection of health and law while connecting students and experts for active engagement. It is made up of students at Harvard Law, as well as other Harvard students, interested in health policy, health care law, biotechnology, bioethics, health and human rights, and a range of other health and law topics.
We are excited to announce that, as part of an ongoing collaboration with the Petrie-Flom Center, members of the Health Law Society will be contributing bloggers this year. Our first two bloggers will be:
Jessie Hill is joining Bill of Health as a regular contributor.
Jessie Hill is the Judge Ben C. Green Professor of Law and Associate Dean for Academic Affairs at Case Western Reserve University School of Law. She teaches and writes in the fields of constitutional law, health law, and law and religion. Her scholarship has been published in the Michigan Law Review, Duke Law Journal, Columbia Journal of Gender and Law, and the Texas Law Review, among others. Prior to teaching, Professor Hill worked at the Reproductive Freedom Project of the national ACLU office in New York, litigating challenges to state-law restrictions on reproductive rights, and then practiced First Amendment and civil rights law with a small law firm in Cleveland. She is a member of the Academic Advisory Board of Law Students for Reproductive Justice and is a frequent lecturer and consultant on reproductive rights issues.
Zach is a professor of history at George Mason University. He has been involved with human subjects regulations’ impact on the humanities and social sciences since 2004, working as both an advocate and scholar.
The Petrie-Flom Center is pleased to welcome our new 2015-2016 Student Fellows. In the coming year, each fellow will pursue independent scholarly projects related to health law policy, biotechnology, and bioethics under the mentorship of Center faculty and fellows. They will also be regular contributors here at Bill of Health on issues related to their research. Continue reading →
Greg is Senior Litigation Counsel at Americans United for Separation of Church and State. He litigates a range of religious freedom cases at trial on appeal, often bringing First Amendment challenges to government promotion of religion. In addition, he currently represents a Notre Dame student intervening to oppose the university’s challenge to the Affordable Care Act’s contraceptive coverage regulations, and he prepared Americans United’s amicus brief, on behalf of nearly thirty religious organizations, in Burwell v. Hobby Lobby Stores.
Before joining Americans United, Greg spent six years at Covington & Burling, where his practice included trial and appellate litigation, white-collar criminal defense, and First Amendment advice. Continue reading →
Zack is an assistant professor at Mercer University School of Law in Macon, Georgia, where he teaches torts and various health law courses. His scholarship focuses on how the enforcement of health care fraud and abuse laws impacts American quality of care. In 2013, he was selected as a Health Law Scholar as part of the ASLME Health Law Scholars Workshop at Saint Louis University School of Law, and he has participated in the new scholars programs at both AALS and SEALS.
Before joining Mercer, Professor Buck was a visiting assistant professor at Seton Hall University School of Law in Newark, New Jersey, where he taught bioethics, mental health law, and health care fraud and abuse. He also has served as a visiting professor at Hamline University School of Law in St. Paul, Minnesota, where he has taught health care fraud and abuse. He formerly practiced law at Sidley Austin LLP in Chicago. Zack holds a J.D. from the University of Pennsylvania Law School, where he served as an Arthur Littleton and H. Clayton Louderback Legal Writing Instructor and an associate editor of the University of Pennsylvania Journal of International Law. He also holds a Masters of Bioethics from the University of Pennsylvania School of Medicine Center for Bioethics and a B.A. with highest distinction from Miami University (OH).
We are pleased to introduce our newest contributor, Joan H. Krause, to Bill of Health.
Professor Joan H. Krause is Associate Dean for Faculty Development and Dan K. Moore Distinguished Professor of Law at the University of North Carolina School of Law; professor (secondary appointment) in the Department of Social Medicine, UNC School of Medicine; and adjunct professor of health policy and management in the UNC School of Public Health. She previously served as George Butler Research Professor of Law and Co-Director of the Health Law & Policy Institute at the University of Houston Law Center, where she joined the faculty in 2001. From 1997-2001, Professor Krause was a member of the health law faculty at Loyola University Chicago School of Law. Before attending law school, Professor Krause worked as a medical writer/editor in the pharmaceutical industry. After law school, she served as a law clerk for the Honorable Dorothy W. Nelson of the United States Court of Appeals for the 9th Circuit. Following her clerkship, Professor Krause was an associate in the Health Practice Group of Hogan & Hartson in Washington, D.C., where her work focused on regulatory and administrative health care matters with an emphasis on health care fraud and abuse. She teaches a variety of health law courses, as well as Criminal Law for first-year students. Her research interests include Health Law, Criminal Law, and Women and the Law. Her co-authored book, HEALTH LAW AND BIOETHICS: CASES IN CONTEXT, was published in 2009.
Professor Krause received her B.A. with Honors in Political Science from Yale University, where she graduated summa cum laude. She received her J.D. with distinction from Stanford Law School, where she was elected to the Order of the Coif and served as Senior Articles Editor of the Stanford Law and Policy Review, as well as a Writer and Copy Editor for the Stanford Law Journal.
Ameet Sarpatwari, J.D., Ph.D., is a research fellow at Harvard Medical School and member of the Program On Regulation, Therapeutics, And Law (PORTAL) [Twitter: @PORTAL_Research] in the Division of Pharmacoepidemiology and Pharmacoeconomics at Brigham and Women’s Hospital. His research draws upon his interdisciplinary training as an epidemiologist and lawyer and focuses on the effects of laws and regulations on therapeutic development, approval, use, and related public health outcomes.
Ameet graduated from the University of Virginia, where he was a Jefferson Scholar. He studied epidemiology at the University of Cambridge, receiving an M.Phil. in 2006 and a Ph.D. in 2010. His doctoral work centered on uncovering disease progression, treatment effectiveness, and co-morbid burden among adults patients with primary immune thrombocytopenia—a rare autoimmune disease—through the establishment of a national disease registry. He subsequently studied law at the University of Maryland, with a focus on health law, as a John L. Thomas Leadership Scholar, graduating in 2013.
Ameet’s work has appeared in such top peer-reviewed medical journals as the New England Journal of Medicine, Clinical Pharmacology and Therapeutics, and Blood. He is the recipient of Robert Wood Johnson Public Health Law Research grant to examine the public health implications of variation in state drug product selection laws. Among other projects, he is also currently assessing the impact of risk evaluation and mitigation strategies on competition and off-label prescribing, and legal and ethical issues surrounding the use of financial incentives to promote physician use of generic drugs.
Aaron S. Kesselheim, M.D., J.D., M.P.H. [Twitter: @akesselheim], is an Associate Professor of Medicine at Harvard Medical School and a faculty member in the Division of Pharmacoepidemiology and Pharmacoeconomics in the Department of Medicine at Brigham and Women’s Hospital (BWH). Within the Division, Aaron leads the Program On Regulation, Therapeutics, And Law (PORTAL) [Twitter: @PORTAL_Research], an interdisciplinary research core focusing on intersections among prescription drugs and medical devices, patient health outcomes, and regulatory practices and the law.
Aaron graduated from Harvard College and received his postgraduate training at the University of Pennsylvania School of Medicine and Law School, and most recently at the Harvard School of Public Health. He is Board Certified in Internal Medicine, and serves as a primary care physician at the Phyllis Jen Center for Primary Care at BWH. He is also a Patent Attorney and member of the New York State Bar.
We are pleased to introduce our newest contributor, Martín Hevia, to Bill of Health.
Martín (SJD, Faculty of Law, University of Toronto; Abogado, Universidad Torcuato Di Tella, Argentina) is the Executive Dean and Director of the Law Programme (J.D. Equivalent) at the School of Law of the Universidad Torcuato Di Tella (Buenos Aires, Argentina), where he is an Associate Professor of Law. His research and teaching interests include comparative constitutional and private law; health law and reproductive rights; and legal theory and political philosophy.
I am excited to join the Petrie-Flom Center as the first Senior Fellow in Law & Applied Neuroscience. This fellowship is the product of an innovative partnership between the Petrie-Flom Center and the Center for Law, Brain and Behavior (CLBB) at Massachusetts General Hospital. This partnership aims to translate developments in neuroscience into legal applications, remaining sensitive to the normative dimensions of many – if not all – legal questions. The field of law & neuroscience is large and growing, addressing questions that intersect with nearly every area of law and a huge range of social and human concerns. CLBB is bringing together scientists, bioethicists, and legal scholars to look at questions ranging from criminal responsibility and addiction, to mind-reading and brain-based lie detection, to how the brain’s changes over our lifecourse affect our capacities to make decisions.
In the first year of this joint venture, we will be focusing on a set of issues with potentially huge implications for the law: The problem of pain. Pain is pervasive in law, from tort to torture, from ERISA to expert evidence. Pain and suffering damages in tort add up to billions of dollars per year; disability benefits, often awarded to people who suffer or claim to have chronic pain, amount to over one hundred billion annually. Yet legal doctrines and decision-makers often understand pain poorly, relying on concepts that are out of date and that can cast suspicion on pain sufferers as having a problem that is “all in their heads.”
Now, brain imaging technologies are allowing scientists to see the brain in pain – and to reconceive of many types of pain as diseases of the central nervous system. Brain imaging shows that, in many cases, the problem is literally in sufferers’ heads: Long-term pain changes the structure and function of the brain, perpetuating non-adaptive pain and interfering with cognitive and emotional function. Continue reading →
Robin is Senior Law Associate with the Petrie-Flom Center for Health Law and Policy, Biotechnology and Bioethics at Harvard Law School. She was formerly on the faculty of Technische Universiteit Delft in The Netherlands where her work focused on the legal, ethical, and policy implications of advances in biotechnology, including policy issues in the integration of nanotechnology in health care, regulatory, policy, and ethical issues in governance of synthetic biology, and policy, legal, and ethical issues arising from advances in Alzheimer’s disease research, and neuroscience, in general. In 2014 Dr. Pierce was appointed Associate Editor for Science and Genetics with the Journal of Bioethical Inquiry. In 2010 she was appointed Programme Leader for the Kluyver Center program on Society and Genomics in The Netherlands. She has taught across disciplines including such courses as Remedies (law), Social Issues in Biology, Ethic, Legal, and Social Issues in the Life Sciences, Public Health Ethics, and the Development of Legal and Political Institutions.