J.D., Harvard University (magna cum laude)
B.A., Harvard University (magna cum laude)
Teaching & Scholarship
Medical Technology, Torts, Products Liability, Administrative Law
- University of Florida: Joined College of Law faculty in 1994; Teacher of the Year (1995, 1998 & 2004)
- Visiting Faculty: Georgetown University, George Washington University, University of Texas, University of California (Hastings), Vanderbilt University, Washington & Lee University.
- Consultant: Institute of Medicine (dietary supplements, 2001; dioxins, 2003; food safety, 2009); National Institutes of Health (medical device retrieval, 2000); U.S. House Judiciary Committee (FCC merger approvals, 1999); U.S. Senate Judiciary Committee (tobacco legislation, 1997-98); Food and Drug Administration (nonprescription drug labeling, 1995).
Torts (4 credits) – LAW 5700
- Civil liability for harm caused by wrongful acts that violate non-contractual duties imposed by law. Covers negligence and other theories of liability as prescribed by the instructor.
Medical Technology and the Law (2 or 3 credits) – LAW 6930
- This course considers the many ways our society manages medical technologies (primarily pharmaceuticals and medical devices), including direct federal regulation of research, development and marketing; products liability doctrines affecting manufacturing, design, and labeling; and the impacts of insurance systems and intellectual property regimes on access and innovation.
Products Liability (2 credits) – LAW 6702
- An advanced torts offering that focuses on the special rules applicable to sellers and other distributors of consumer goods and similar items, covering defects in manufacturing, design, and labeling–whether framed in terms of negligence, strict liability, or breach of warranty–as well as collateral issues such as product misuse, subsequent modification, and federal preemption.
- LAW, MEDICINE AND MEDICAL TECHNOLOGY: CASES AND MATERIALS (Foundation Press 3d ed. 2012)
- Turn the Beat Around?: Deactivating Implanted Cardiac-Assist Devices, 39 William Mitchell Law Review 1229 (2013).
- Truth or Consequences?: Commercial Free Speech vs. Public Health Promotion (at the FDA), 21 Health Matrix 31 (2011).
- Coerced Participation in Clinical Trials: Conscripting Human Research Subjects, 62 Administrative Law Review 329 (2010).
- Comfortably Numb: Medicalizing (and Mitigating) Pain-and-Suffering Damages, 42 University of Michigan Journal of Law Reform 431 (2009).
- This Is Your Products Liability Restatement on Drugs, 74 Brooklyn Law Review 839 (2009).
- The Little Agency That Could (Act with Indifference to Constitutional and Statutory Strictures), 93 Cornell Law Review 901 (2008).
- Too High a Price for Some Drugs?: The FDA Burdens Reproductive Choice, 44 San Diego Law Review 231 (2007).
- Treat Yourself: Is Self-Medication the Prescription for What Ails American Health Care?, 19 Harvard Journal of Law & Technology 359 (2006).
- Managing Biotechnology’s Revolution: Has Guarded Enthusiasm Become Benign Neglect?, 11 Virginia Journal of Law & Technology 4 (2006).
- An Inventory of Mathematical Blunders in Applying the Loss-of-a-Chance Doctrine, 24 Review of Litigation 369 (2005).
- Ambivalent Commitments to Federalism in Controlling the Practice of Medicine, 53 University of Kansas Law Review 149 (2004).
- A Postmodernist Take on the Human Embryo Research Debate, 36 Connecticut Law Review 1133 (2004).
- Deputizing Institutional Review Boards to Police (Audit?) Biomedical Research, 25 Journal of Legal Medicine 267 (2004).
- Assisted Reproductive Technologies and the Pitfalls of Unregulated Biomedical Innovation, 55 Florida Law Review 603 (2003).
- Challenges in the Federal Regulation of Pain Management Technologies, 31 Journal of Law, Medicine & Ethics 55 (2003).
- Triage in the Nation’s Medicine Cabinet: The Puzzling Scarcity of Vaccines and Other Drugs, 54 South Carolina Law Review 741 (2003).
- The Coming Pharmacogenomics Revolution: Tailoring Drugs to Fit Patients’ Genetic Profiles, 43 Jurimetrics Journal 1 (2002).
- Informed Consent and the Elusive Dichotomy Between Standard and Experimental Therapy, 28 American Journal of Law & Medicine 361 (2002).
- Medicine’s Epistemology: Mapping the Haphazard Diffusion of Knowledge in the Biomedical Community, 44 Arizona Law Review 373 (2002).
- Civil Jury Nullification, 86 Iowa Law Review 1601 (2001).
- Rewarding Regulatory Compliance: The Pursuit of Symmetry in Products Liability, 88 Georgetown Law Journal 2147 (2000).
- Interpreting Agency Enabling Acts: Misplaced Metaphors in Administrative Law, 41 William & Mary Law Review 1463 (2000).
- Scientific “Republicanism”: Expert Peer Review and the Quest for Regulatory Deliberation, 49 Emory Law Journal 1033 (2000).
- Pigeonholing Illness: Medical Diagnosis as a Legal Construct, 50 Hastings Law Journal 241 (1999).