A selection of articles with links.
Expert in Artificial Intelligence, Health Information Technology, Big Data, Aging, Emergency Preparedness, Employment Discrimination, Clinical Research, and Other Health Law Topics
Artificial Intelligence, Health Information Technology, and Big Data
“The Patient’s Voice: Legal Implications of Patient-Reported Outcome Measures,” 22 Yale Journal of Health Policy, Law, and Ethics 1-59 (2023) (first author with Andy Podgurski)
“Key Considerations for Patient-Reported Outcome Measures,” The Bill of Health (a Harvard Law School blog), November 3, 2023
“Privacy and Security – Protecting Patients’ Health Information,” 387 New England Journal of Medicine 1913-16 (2022)
“Interoperability in the Post-Roe Era: Sustaining Progress While Protecting Reproductive Health Information,” 328 JAMA 1703-04 (2022) (second author with Daniel Walker and Julia Adler-Milstein)
“Sharing Clinical Notes Potential Medical-Legal Benefits and Risks,” 327 JAMA 717-718 (2022) (with Charlotte Blease and I. Glenn Cohen)
“The Emerging Hazard of AI‐Related Health Care Discrimination,” 51 The Hastings Center Report 8-9 (2021)
“The Limited Reach of the HIPAA Security Rule,” The Regulatory Review, Aug. 16, 2021
“Race and Gender Bias in Medical AI,” Wiley, March 10, 2021
“Biased AI Can Be Bad for your Health – Here’s How to Promote Algorithmic Fairness,” The Conversation, March 9, 2021
“Artificial Intelligence and Discrimination in Health Care,” 19 Yale Journal of Health Policy, Law, and Ethics 1-49 (2020) (with Andy Podgurski)
“What Genetic Testing Teaches about Predictive Health Analytics Regulation,” 98 North Carolina Law Review 123 (2019)
“Artificial Intelligence in Medicine Raises Legal and Ethical Concerns,” The Conversation, September 4, 2019
“Access to Health Records: New Rules Another Step in the Right Direction,” Jurist, Feb. 20, 2019
“Artificial Intelligence and Predictive Data: The Need for A New Anti-Discrimination Mandate,” Balkinization (A Yale Law School blog), November 1, 2018
“Our Laws Don’t Do Enough to Protect Our Health Data,” The Conversation, October 22, 2017
“Big Data Analytics: What Can Go Wrong,” 15 Indiana Health Law Review 227 (2018) (invited piece)
“Your Money or Your Patient’s Life? Ransomware and Electronic Health Records” 167 Annals of Internal Medicine 587 (2017) (with Glenn Cohen and Eli Adashi)
“Big Data and the Americans with Disabilities Act,” 68 Hastings Law Journal 777 (2017)
“The Promise and Perils of Open Medical Data,” 46 Hastings Center Report 6 (2016)
“Citizen Science: The Law and Ethics of Public Access to Medical Big Data,” 30 Berkeley Technology Law Journal 1741 (2016)
“Medical Big Data and Big Data Quality Problems,” 21 Connecticut Insurance Law Journal 289 (2015) (invited symposium piece)
“The Use and Misuse of Biomedical Data: Is Bigger Really Better?” 39 American Journal of Law & Medicine 497 (2013) (with Andy Podgurski)
“Big Bad Data: Law, Public Health, and Biomedical Databases,” 41 Journal of Law, Medicine, and Ethics 56 (Supp. 2013) (with Andy Podgurski)
“Drug-Drug Interaction Alerts: Emphasizing the Evidence,” 5 St. Louis University Journal of Health Law & Policy 297 (invited piece 2012) (with Andy Podgurski)
“Balancing Privacy, Autonomy, and Scientific Needs in Electronic Health Records Research,” 65 SMU Law Review 85 (2012) (with Andy Podgurski)
“Improving Health Care Outcomes through Personalized Comparisons of Treatment Effectiveness Based on Electronic Health Records,” 39 The Journal of Law, Medicine, and Ethics 425 (2011) (with Andy Podgurski)
“Meaningful Use and Certification of Health Information Technology: What about Safety?” 39 Journal of Law, Medicine, and Ethics 77 (2011) (with Andy Podgurski)
”Employing E-Health: The Impact of Electronic Health Records on the Workplace,” 19 Kansas J. Law & Public Policy 409 (2010) (invited symposium piece)
“E-Health Hazards: Provider Liability and Electronic Health Record Systems,” 24 Berkeley Technology Law Journal 1523 (2009) (with Andy Podgurski); reprinted in 1 Electronic Healthcare Law Review, issues 1 & 2 (October and December 2011)
“Finding a Cure: The Case for Regulation and Oversight of Electronic Health Record Systems,” 22Harvard Journal of Law & Technology 103 (2008) (with Andy Podgurski). Reprinted in 9 Telehealth Law53 (June 2009)
“Why Electronic Health Record Systems Require Safety Regulation,” Bioethics Forum, (3/20/09) (with Andy Podgurski)
“Securing the HIPAA Security Rule,” 10 Journal of Internet Law 1 (February 2007) (with Andy Podgurski)
“In Sickness, Health, and Cyberspace: Protecting the Security of Electronic Private Health Information,” 48 Boston College Law Review 331 (2007) (with Andy Podgurski)
Aging
“Patient Autonomy, Public Safety, and Drivers with Cognitive Decline,” 15 UC Irvine Law Review (forthcoming 2025) (first author with Cassandra Robertson)
“Balancing Autonomy And Public Safety: A Call For Medical And Regulatory Oversight Of Drivers With Cognitive Decline,” Health Affairs Forefront, Jan. 2, 2024 (with Cassandra Robertson)
“Legal Preparedness for Aging and Caregiving,” The Bill of Health (a Harvard Law School blog), September 16, 2022
“Physicians and Cognitive Decline: A Challenge for State Medical Boards,” 108 Journal of Medical Regulation 19-28 (2022) (peer reviewed)
“Cognitive Decline and the Workplace,” 57 Wake Forest Law Review 115- 72 (2022)
“Managing Cognitive Decline Concerns in the Workplace,” The Bill of Health (a Harvard Law School blog), Feb. 3, 2022
“COVID-19 Calls for Reassessment of Senior Care,” Daily Progress, Jan. 17, 2022
“What ‘Solo Agers’ Should Know About Planning for the Future,” AgingCare, Jan. 14, 2022
“Caring for Those Who Cared for Us,” Wellesley Magazine, Fall 2019 (book review of Parenting Our Parents: Transforming the Challenge into a Journey of Love by Jane Wolf Frances)
“Portable Medical Order Sets (POLST): Ethical and Legal Landscape,” 15 National Academy of Elder Law Attorneys Journal (2019)
“The Perplexities of Age and Power,” 25 The Elder Law Journal 327 (2018)
“5 Questions to Ask Your Aging Parent’s Doctor,” The Conversation, February 20, 2018
“Why Medicaid Matters to You,” The Conversation, August 9, 2017.
“How to be Your Own Medical Advocate” in CL Magazine, page 25-26, (December 2016)
“How to Become a Member of Your Own Medical Team,” Healthy Aging (August 6, 2015)
“Why Your Parents’ Finances are Your Business,” AgingCare.com (July 24, 2015)
Public Health
“Employers and the Privatization of Public Health,” 65:7 Boston College Law Review (forthcoming 2024).
“Employers and the Future of Public Health,” The Bill of Health (a Harvard Law School blog), February 22, 2023
“Covid-19 Vaccine Injuries — Preventing Inequities in Compensation,” 384 New England Journal of Medicine e34-36 (March 11, 2021) (with Katharine Van Tassel and Carmel Shachar)
“Protecting Our Health Care Providers from Liability in a Pandemic,” NULR of Note (a Northwestern University Law Review blog), May 3, 2020.
“Maintaining Healthy Skepticism About Reported COVID-19 Findings,” The Bill of Health (a Harvard Law School blog), April 29, 2020 (with Andy Podgurski)
“Protecting our Most Vulnerable Populations in the COVID-19 Pandemic,” The Bill of Health (a Harvard Law School blog), March 19, 2020.
“Preparing for Disaster: Protecting the Most Vulnerable in Emergencies,” 42 UC Davis Law Review1491 (2009)
“Responders’ Responsibility: Liability and Immunity in Public Health Emergencies,” 96 Georgetown Law Journal 1913 (2008)
Employment Discrimination
“The Importance of Immutability in Employment Discrimination Law,” 52 William & Mary Law Review1483 (2011)
“Settling the Matter: Does Title I of the ADA Work?” 59 Alabama Law Review 305 (2008)
“Racially-Tailored’ Medicine Unraveled” 55 American University Law Review 395 (2005)
“Is There A Place for Race As A Legal Concept?” 36 Arizona State University Law Journal 1093 (2004) (lead article)
“Corrective Justice and Title I of the ADA,” 52 American University Law Review 1213 (2003)
“AIDS Caps, Contraceptive Coverage, and the Law: An Analysis of the Federal Anti-Discrimination Statutes’ Applicability to Health Insurance,” 23 Cardozo Law Review 1315 (2002)
“Preplacement Examinations and Job-Relatedness: How to Enhance Privacy and Diminish Discrimination in the Workplace,” 49 Kansas Law Review 517 (2001)
Clinical Research
“The Suitability of IRB Liability,” 67 University of Pittsburgh Law Review 365 (2005) (with Jessica Wilen Berg)
“Regulating Clinical Research: Informed Consent, Privacy, and IRBs,” 31 Capital University Law Review71 (2003) (solicited symposium piece)
“Continued Concern: Human Subject Protection, the IRB, and Continuing Review,” 68 Tennessee Law Review 725 (2001) (lead article)
“The Use of Placebos in Clinical Trials: Responsible Research or Unethical Practice?” 33 Connecticut Law Review 449 (2001)
“Beneficial and Unusual Punishment: An Argument in Support of Prisoner Participation in Clinical Trials,” 33 Indiana Law Review 475 (2000)
“A Proposal for Federal Legislation to Address Health Insurance Coverage for Experimental and Investigational Treatments,” 78 Oregon Law Review 203 (1999)
Other Topics
“Professional Speech at Scale,” 55 UC Davis Law Review 2063-2132 (2022) (with Cassandra Burke Robertson)
“High-Priced Specialty Drugs: Exposing the Flaws in the System,” The Conversation, January 13, 2020
“Specialty Drugs and the Health Care Cost Crisis,” 55 Wake Forest Law Review 55-88 (2020) (with Isaac D. Buck)
“Physician Burnout Calls for Legal Intervention,” 49 The Hastings Center Report 8 (Dec. 2019)
“Physician Burnout: Why Legal and Regulatory Systems May Need to Step in,” The Conversation, July 9, 2019
“Health Insurers Want You to Try Cheaper Drugs First, but That Can Hurt You,” The Conversation, January 3, 2019
“Healing the Healers: Legal Remedies for Physician Burnout,” 18 Yale Journal of Health Policy, Law, and Ethics 56 (2019)
“Drug Shortages Pose a Public Health Crisis in the US,” The Conversation, June 18, 2018
“Step Therapy: Legal, Ethical, and Policy Implications of a Cost-Cutting Measure,” 73 Food and Drug Law Journal 38 (peer-reviewed) (2018)
“CVS merger with Aetna: Health care cure or curse?” The Conversation, December 6, 2017
“Improving Regulatory Enforcement in the Face of Inadequate Resources,” 43 Journal of Law, Medicine, and Ethics 33 (Supp. no. 2, 2015)
“The Drugs Stop Here: A Public Health Framework to Address the Drug Shortage Crisis,” 67 Food & Drug Law Journal 1 (2012)
“Birth After Death: Perpetuities & The New Reproductive Technologies,” 38 Georgia Law Review 575 (2004) (with Andrew P. Morriss)
“Unmanaged Care: Towards Moral Fairness in Health Care Coverage,” 78 Indiana Law Journal 659 (2003)
“Genetic Testing, Genetic Medicine, and Managed Care,” 34 Wake Forest Law Review 849 (1999) (with Mark A. Rothstein)
