The Network for Public Health Law and the Robert Wood Johnson Foundation recently launched Scholars in Residence, a fellowship program designed to bring the expertise of legal scholars to assist public health agencies in tackling critical issues. The program helps to improve the teaching and scholarly work of the academicians through field experience and provides public health agencies access to learned legal experts.
Six scholars chosen from across the country will work with local or state health agencies on public health law issues related to diseases-spreading insects, surveillance of viruses, chronic diseases, in-home health care, tobacco products and tuberculosis.
Jennifer S. Bard, J.D., M.P.H., is the Alvin R. Allison Professor of Law and Director of the Health Law Program and J.D./M.D. program at Texas Tech School of Law. Professor Bard served as Associate Dean for Faculty Research and Development from August 2011-January 2013. She is also a Professor (adjunct) in the Department of Psychiatry at the Texas Tech University Health Science Center’s School of Medicine.
She teaches, writes and speaks in the areas of public health, bioethics, health law, human subject research, tort law, and mental disability. In 2012 Professor Bard was one of three faculty in the university selected to receive the President’s Excellence in Academics Award. She has also received the Texas Tech University President's Excellence in Teaching Award and been voted “Best First Year Teacher” by the Phi Alpha Delta Law School Honors Fraternity. She is an elected member of the American Law Institute, Book Review Editor of the Journal of Legal Medicine, and a past-chair of the American Association of Law School's sections on Law, Medicine, and Health Care and Mental Disability.
Before joining the TTU Law Faculty, Professor Bard taught graduate and medical students as an Assistant Professor and was Research Director for the Program on Legal and Ethical Issues in Correctional Health at the University of Texas Medical Branch in Galveston.
Professor Bard received an A.B. degree Wellesley College and earned her J.D. from Yale Law School. She studied law and philosophy as a matriculated graduate student at Oxford University, St. Hilda’s College. She earned an M.P.H. from the University of Connecticut in 1997. Currently she is a Ph.D. candidate in higher education at Texas Tech University.
Following a clerkship with the Honorable Frank H. Freedman, Chief Federal District Court Judge, District of Massachusetts, Professor Bard was a litigation associate with Shearman & Sterling in New York, where she worked on complex commercial litigation, for six years. She has also been a Medicaid Policy Analyst at AIDS Action Council.
The key public health legal issue addressed in this project is the balance between private property rights and the need of public agencies to both obtain access to inspect for vectors but also to compel private property owners to take actions to take remedial action. The objective will be to gain an understanding of issues facing the City of Lubbock from insects that are at best a nuisance, such as bed bugs, to those which that are known to spread serious disease, such as mosquitos. Professor Bard with work with the City of Lubbock to explore the legal options available to address these issues.
Alex Capron holds the rank of University Professor at USC and occupies the Scott H. Bice Chair in Healthcare Law, Policy and Ethics at the Gould School of Law, where he teaches public health law and torts and serves as Vice Dean for Faculty and Academic Affairs. He also teaches health policy and bioethics at the Keck School of Medicine, and serves as the co-director of two university-wide activities, the Pacific Center for Health Policy and Ethics and the Health System Improvement Collaborative.
Dean Capron previously taught at Georgetown University, the University of Pennsylvania, and Yale University. From 2002 to 2006, he served as the first Director of Ethics, Trade, Human Rights and Health Law at the World Health Organization in Geneva, and from 1979 to 1983 he was the Executive Director of the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. He is author or editor of 10 books and more than 400 articles and chapters.
Dean Capron received a B.A. (with High Honors) from Swarthmore College and an LL.B. from Yale University (Order of Coif), where he was an officer of the Yale Law Journal. He is a Founding Fellow of the Hasting Center, an elected Member of the Institute of Medicine and of the American Law Institute, as well as a Fellow of the American Association for the Advancement of Science. Dean Capron has been President of the International Association of Bioethics and of the American Society of Law, Medicine and Ethics, was appointed to the National Bioethics Advisory Committee by President Clinton, and currently serves as a Trustee of the Century Foundation and as the Chair of the Board of Public Responsibility in Medicine & Research.
Should the federal rules on research with human subjects treat the activities of state and local public health officials -- including the operation of public health laboratories and the use of the specimens stored there -- differently than they treat the collection and use of specimens in clinical and research settings, either because all public health activities should be treated differently or because public health laboratories have special characteristics? This issue, which has implications for practices from population surveillance for novel pathogens to development and validation of assays for microbes and viruses, arises under the existing Common Rule but would become even more salient if the Common Rule were modified as suggested in the July 2011 Advance Notice of Proposed Rule Making from the Department of Health and Human Services. Professor Capron will work with the Los Angeles County Department of Public Health to examine federal rules on human subjects research relating to the surveillance of pathogens and viruses.
Mary Crossley is a Professor of Law at the University of Pittsburgh, School of Law, where she teaches courses on Bioethics, Health Care & Civil Rights, Family Law, and Torts. Widely recognized for her scholarship in disability and health law, Professor Crossley has written broadly on issues of inequality in health care financing and delivery and has published articles in numerous law journals, including Columbia Law Review, Iowa Law Review, and Notre Dame Law Review.
Crossley was appointed Dean and Professor of Law at the University of Pittsburgh, School of Law in 2005, serving as the first female dean in the School’s 110 year history. She served as Dean from 2005-2012, focusing her leadership on initiatives relating to curricular reform, innovation programming, and promoting diversity.
She began her academic career at the University of California, Hastings College of the Law in 1991, where she was promoted to Professor of Law and served for two years as Associate Academic Dean. In 2000, Crossley joined the faculty of the Florida State University College of Law, where she was named the Florida Bar Health Law Section Professor of Law. At Florida State, she also served as a courtesy member of the faculty of the Florida State University College of Medicine. She earned her bachelor's degree in history at the University of Virginia and her J.D. from Vanderbilt University. After graduating from law school, she served as judicial clerk for the Honorable Harry W. Wellford of the United States Court of Appeals for the Sixth Circuit, and then practiced health care and corporate law as an associate at the law firms of Wiggin & Dana in New Haven, Connecticut, and Shartsis, Friese & Ginsburg in San Francisco, California. Crossley has served on the boards of a number of non-profits, including the Access Group, Health Initiatives for Youth, Magee Women’s Research Institute, the Pennsylvania Bar Institute, and ACHIEVA.
This project will identify innovative ways in which California health officers can use their legal authority in the realm of the “new” public health, by addressing the growing burden of chronic diseases through interventions targeting risk behaviors and the social determinants of health. Close attention will be paid to constraints that the First Amendment, laws regulating the internet, and privacy laws place on health officer authority, in light of the growing importance of (1) online communications and social media and (2) public health collaboration with other government sectors. The end product will analyze the legal questions raised by novel interventions, and Professor Crossley will work with the San Francisco Department of Public Health on identifying interventions most effective for the city.
Sharona Hoffman, J.D., LL.M., is the Edgar A. Hahn Professor of Law and a Professor of Bioethics at Case Western Reserve University. She is also the Co-Director of the Law School’s Law-Medicine Center and has been a member of the faculty since 1999. Professor Hoffman served as Associate Dean for Academic Affairs from 2006 until 2009.
Prior to becoming an academic, Professor Hoffman was a Senior Trial Attorney at the Equal Employment Opportunity Commission in Houston, an associate at O'Melveny & Myers in Los Angeles, where she spent much of her time working on the Exxon Valdez oil spill case, and a judicial clerk for U.S. District Judge Douglas W. Hillman (Western District of Michigan). Professor Hoffman spent the spring semester of 2007 as a Guest Researcher at The Centers for Disease Control and Prevention (CDC) Public Health Law Program. She was then appointed to the Board of Scientific Counselors for the CDC’s Office of Public Health Preparedness and Response for a four-year term, 2008-2012.
Professor Hoffman received her B.A. magna cum laude from Wellesley College, her J.D. cum laude from Harvard Law School, and an LL.M. in health law from the University of Houston.
She teaches Health Law courses, Employment Discrimination, and Civil Procedure. She was voted First Year Teacher of the Year in 2011 and 2012.
Professor Hoffman has published over fifty articles and book chapters on employment discrimination, health insurance, disability law, biomedical research, the concept of race and its use in law and medicine, emergency preparedness, and health information technology. Her work has appeared in the Georgetown Law Journal, William & Mary Law Review, Boston College Law Review , and many other major publications. She has lectured throughout the United States and internationally and has been widely quoted in the press, including in USA Today, BusinessWeek, The Los Angeles Times, and The New York Times
According to government statistics, in 2010, 13 percent of the population, or 40 million people, were age 65 and over, and those who are 85 years old and older numbered 5.5 million. Experts predict that by 2050, the 85-and-older population will grow to at least 19 million. Many elderly individuals wish to avoid entering institutional settings and thus seek in-home care. While this service sector is growing, it is very difficult to regulate because employees work alone in the homes of extremely frail and vulnerable clients. In-home care agency owners and operators are often unsophisticated regarding regulatory compliance, and enforcement through civil penalties is expensive and at times unproductive. Professor Hoffman will work with the Oregon Health Authority in Portland to develop guidance as to how best to regulate in-home care agencies and to formulate effective enforcement mechanisms.
Browne Lewis is the Leon & Gloria Plevin Professor of Law and the Director of the Center for Health Law & Policy at Cleveland-Marshall College of Law. Professor Lewis graduated number one in her class with a degree in Political Science from Grambling State University.nPrior to attending law school, Professor Lewis received summer fellowships to study at Carnegie-Mellon University, the Humphrey Institute at the University of Minnesota and the John F. Kennedy School of Government at Harvard University.
Professor received her J.D. from the University of Minnesota, her M.P.P. from the Humphrey Institute and her L.L.M. from the University of Houston. Professor Lewis started her professional career as a statistician and ADR trainer at the Conflict and Change Center in Minneapolis, Minnesota. Then, she clerked for the Honorable Daniel Wozniak, Chief Judge of the Minnesota Court of Appeals. Professor Lewis practiced in the areas of environmental, elder, family, housing and probate law. In the summer of 2012, Professor Lewis was a visiting researcher at the Fondation Brocher in Geneva, Switzerland. In the summer of 2013, Professor Lewis will be a visiting Scholar at the Hasting Center and at Yale University's Interdisciplinary Center for Bioethics.
Professor Lewis writes in the areas of bioethics, family and reproductive law. Professor Lewis has published in the George Mason Law Review, the Cardozo Law Review and the Lewis & Clark Law Review. Her most recent article on physician-facilitated suicide was published in the Oregon Law Review. In July 2012, New York University Press published Professor Lewis' book entitled Papa's Baby: Paternity and Artificial Insemination.
Currently, state and federal preemption prevents local governments from regulating the labeling, marketing and sale of small cigars. Cigars have fewer federal regulations than cigarettes and they are taxed at a lower rate. As a result, the tobacco industry has put a lot of resources into the manufacturing and marketing of small cigars. The use of small cigars among young adults has increased by over 123 percent. Until the federal government regulates little cigars as cigarettes instead of cigars, cities have to take steps to protect young people from being exposed to them. Professor Lewis will work with both the Cleveland Department of Public Health and the Shaker Heights Department of Public Health to examine potential ways to remove the barriers to the local regulation of small cigars.
Polly J. Price, an honors graduate of Harvard Law School, joined the Emory Law School faculty in 1995. Professor Price clerked for Judge Richard S. Arnold of the 8th U.S. Circuit Court of Appeals. Following her clerkship she practiced law for several years at King & Spalding in Atlanta and Washington, D.C. Her work included health law, pharmaceutical regulation, and product liability.
Professor Price has served as Associate Dean of Academic Affairs and as Associate Dean of Faculty at Emory Law. She is the author of two books and numerous articles. Her most recent book, Judge Richard S. Arnold: A Legacy of Justice on the Federal Bench, includes a Foreword by Justice Ruth Bader Ginsburg and a front cover blurb by former President Bill Clinton. C-SPAN2’s Book TV featured Price’s book in 2009. Her current research projects involve quarantine law in the United States, and federalism aspects of public health law. She has also collaborated with the federal Centers for Disease Control’s Division of Global Migration and Quarantine.
At Emory, Professor Price teaches citizenship and immigration law, global public health law, and legislation and regulation. She shares an appointment in Emory’s Department of History. Price also taught courses at the law faculty in Dresden, Germany, and she has twice lectured at the Free University of Berlin. A regular media contributor, Price has appeared on CNN, National Public Radio, and Minnesota Public Radio, and has been quoted in the New York Times, the Atlanta Journal-Constitution, Mundo Hispanico, Deutsche Welle World, and Associated Press news services, among others. Price served as a visiting professor at Vanderbilt Law School and as the Frances Hare Visiting Professor of Tort Law at the University of Alabama. She is a member of the American Law Institute (elected in 1999) and the State Bar of Georgia.
Along with an overall rise in tuberculosis among Mexican-born persons residing in the four U.S. states bordering Mexico, incidents of multidrug resistant tuberculosis have also increased in this region. State and local health departments face a labyrinth of state, federal and international regulations in seeking to provide long-term TB therapy, especially for frequent border-crossers and those detained in the U.S. immigration system. Professor Price will work with public health agencies in El Paso, Texas and Las Cruces, New Mexico to improve coordination among government agencies within existing legal structures.