Health Law & Policy

“HLS Thinks Big,” an event inspired by the global TED (Technology, Entertainment and Design) talks and modeled after the university's “Harvard Thinks Big” event, was held at Harvard Law School on May 28. Four professors—Daniel Nagin, Glenn Cohen '03, Jeannie Suk '02, and James Greiner—presented on some of their recent work and research.

As Americans travel to other countries for medical care, Professor Glenn Cohen looks at the implications at home and abroad.

Nancy-Ann DeParle, director of the White House Office of Health Reform from 2009 to 2011, answers questions about the Affordable Care Act.

“The Looming Threat of Liability for Accountable Care Organizations and What to Do About It,” a new article by Harvard Law School Assistant Professor I. Glenn Cohen ’03 and Dr. H. Benjamin Harvey ’09, was published recently in the Journal of the American Medical Association.

Harvard Law School Professor I. Glenn Cohen ’03 and Gideon A. Schor ’89 recently filed an amicus brief on behalf of Dr. Eric S. Lander in a pending Supreme Court case that will address whether human genes are patentable.

The past year was a historic one for health law, with the Supreme Court issuing the final word on the constitutionality of the Affordable Care Act alongside a host of other critical developments. In February, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, in partnership with the New England Journal of Medicine, held its first annual Health Law Year in P/Review event.

Following a vote of the Harvard Law School faculty, I. Glenn Cohen, a leading expert on the intersection of health care, bioethics and the law, will be promoted from assistant professor to tenured professor of law, effective July 1. Cohen has served as an assistant professor since 2008, and as co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics since 2009.

“Medical tourism—the travel of patients who are residents of one country (the ‘home country’) to another country for medical treatment (the ‘destination country’)—represents a growing and important business," writes Assistant Professor I. Glenn Cohen ’03 in a recent article.

The intersection of medical tourism and ethical and legal questions are at the heart of I. Glenn Cohen's new book, “Patients with Passports: Medical Tourism, Law, and Ethics,” the focus of his year as a fellow at the Radcliffe Institute for Advanced Study.

“Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities,” by Marjorie Corman Aaron ’81 (Oxford). No one likes to deliver bad news—attorneys included. But oftentimes providing honest and difficult advice is a crucial part of the job, and Aaron offers her own advice on how best to do it.

U.S. Senate candidate Ted Cruz calls for a “return to the framers’ vision of a constitutionally limited government”

Professor Einer Elhauge ’86 is author of the e-book “Obamacare On Trial” (Edward Elgar), focused on the Patient Protection and Affordable Care Act case decided by the Supreme Court in June. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

Professor Einer Elhauge ‘86 has released an e-book—titled “Obamacare on Trial” —on the Patient Protection and Affordable Care Act case decided by the Supreme Court. Elhauge raises points that were not aired in the courtroom, including the fact that the constitutional framers themselves had approved mandates to buy health insurance.

Harvard Law School Professor Charles Fried has written a major article analyzing the Supreme Court’s late-June decision on the Patient Protection and Affordable Care Act. The article, which is scheduled to appear in an upcoming issue of the Journal of Health Politics, Policy and Law, and also in a volume to be published by Oxford, has been given a rare advance publication by SCOTUSblog, which posted it on August 2.

A decision by the U.S. Supreme Court on whether Congress has the power to mandate individuals to have private insurance coverage isn’t expected until the end of June. But Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77 is already claiming victory of sorts for his argument that the mandate is unconstitutional.

In an April 16 article entitled “It’s Not About Broccoli: The False Case Against Health Care” published in The Atlantic, Professor Einer Elhauge ’86 tackles the primary case made against President Obama’s [’91] individual health care mandate.

The Supreme Court opened its review of the national health-care overhaul on Mar. 26, the first of three days of oral arguments on the 2010 law. In light of the historic arguments, law schools professors at HLS and elsewhere in the Boston area have incorporated the debate into their classrooms, and, In the media, HLS Professors I. Glenn Cohen. Einer Elhauge, Noah Feldman, Charles Fried and Laurence Tribe weighed in on the case.

On Feb. 1, the Harvard Law School Federalist Society sponsored a debate on the philosophical and legal issues surrounding the field of embryonic research. The event, “Embryo Ethics and the Law,” featured Christopher Tollefsen, a philosophy professor at the University of South Carolina, and HLS Assistant Professor Glenn Cohen, co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School.

HLS Professor Charles Fried was counsel of record in an amicus brief filed on Jan. 13 with the Supreme Court on behalf of 104 health law professors supporting the constitutionality of the insurance mandate in the Patient Protection and Affordable Care Act, which will be challenged before the Supreme Court in Department of Health and Human Services v. State of Florida in March.