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Health Law & Policy

  • HLS Professor Einer Elhauge '86

    Elhauge releases e-book on Obamacare

    September 12, 2012

    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.

  • Fried on SCOTUSblog: The June surprises—Balls, strikes, and the fog of war

    August 3, 2012

    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.

  • Joel Alicea ’13 in Public Discourse: Chief Justice Roberts and the changing conservative legal movement

    July 13, 2012

    In a July 10 article featured in the Witherspoon Institute’s online publication Public Discourse: Ethics, Law and the Common Good, Harvard Law School student Joel Alicea ’13 assesses “Chief Justice Roberts and the Changing Conservative Legal Movement” in light of the Supreme Court’s late June decision on the Affordable Care Act.

  • Randy Barnett at HLS, on challenging the individual mandate

    April 24, 2012

    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.

  • HLS Professor Einer Elhauge '86

    Elhauge discusses the argument against individual healthcare mandate

    April 24, 2012

    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

    Healthcare Roundup: HLS reflects on Supreme Court oral arguments

    March 27, 2012

    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.

  • HLS Assistant Professor I. Glenn Cohen

    Professors debate “Embryo Ethics” (video)

    February 13, 2012

    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.

  • Fried is lead counsel in amicus brief defending Affordable Care Act

    January 18, 2012

    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.

  • Glenn Cohen on animals, AI and morality

    Hat Trick: Cohen on Flynn v. Holder, Guatemalan reparations, and the ACA

    December 22, 2011

    Harvard Law School Assistant Professor of Law I. Glenn Cohen, co-director of HLS’s Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, is the author of three recently published articles on health law topics.

  • HLS Professor Einer Elhauge '86

    Elhauge in NEJM: ‘Broccoli Argument’ is irrelevant against insurance mandate

    December 22, 2011

    HLS Professor Einer Elhauge ’86, the founding director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, wrote “The Irrelevance of the Broccoli Argument against the Insurance Mandate,” which was published online Dec. 21 by the New England Journal of Medicine.

  • Students address critical access to care issues at conference on AIDS

    December 8, 2011

    Students working in the Harvard Law School Center for Health Law and Policy Innovation launched a new training series at the United States Conference on AIDS in Chicago last month.

  • “Stones of Hope: How African Activists Reclaim Human Rights to Challenge Global Poverty” (Stanford University Press, November 2010) edited by Professor Lucie White ’81 and Jeremy Perelman S.J.D. ’11.

    Recent Faculty Books – Winter 2011

    December 6, 2011

    “Prospects for the Professions in China” (Routledge, 2010) edited by William P. Alford ’77, William Kirby and Kenneth Winston. Through its meditations on Chinese professional…

  • Emily Savner ’13

    Student testifies on health care reform provisions before the U.S. Department of Health and Human Services

    November 18, 2011

    On November 8, Emily Savner ‘13 of the Harvard Law School Center for Health Law and Policy Innovation testified at a regional listening session convened by the United States Department of Health and Human Services. The session was convened to elicit comments from individuals and groups about the health services that should be included in the soon-to-be created Essential Health Benefits package mandated through health care reform. Once finalized and implemented by HHS, the Essential Health Benefits package will provide a federally mandated set of health services to millions of currently uninsured Americans through both Medicaid and newly-created subsidized private health insurance plans. 

  • Dr. Franz Adlkofer

    At Center for Ethics event, cell phone radiation and institutional corruption addressed (video)

    November 18, 2011

    On Nov. 3, Dr. Franz Adlkofer, former executive director of the VERUM Foundation for Behavior and Environment, spoke to a Harvard Law School audience as part of the lectures and events series hosted by the Edmond J. Safra Center for Ethics. 

  • Glenn Cohen on animals, AI and morality

    Cohen argues against the Mississippi Personhood Ballot Initiative

    November 1, 2011

    Harvard Law School Assistant Professor of Law I. Glenn Cohen joined medical and legal experts live via Skype on Oct. 25 at Mississippi College School of Law to debate the implications of Mississippi’s Personhood initiative, which will appear on the state’s ballot Nov. 8. The initiative asks: “Should the term 'person' be defined to include every human being from the moment of fertilization, cloning, or the equivalent thereof?”

  • Panelists at the Let's Talk About Food and the Food Law Society discussions

    Food Law Society co-sponsors TEDx conference on food policy (video)

    October 25, 2011

    The Harvard Food Law Society recently co-sponsored “TEDxHarvardLaw,” a full-day conference held on Oct. 21, focused on food policy and public health, and the legal and policy approaches to increasing the supply and demand of healthy foods. The campus-wide event was independently organized and co-sponsored by 18 different HLS organizations under the auspices of TEDx, a program of local, self-organized events that bring people together to share a TED-like experience.

  • Current marijuana policy encourages discrimination, says Congressman Barney Frank at HLS (video)

    October 21, 2011

    At an event sponsored by the Harvard Law School American Constitution Society on October 18, Representative Barney Frank (D-MA) ’77 spoke about proposed legislation that would end the federal ban on marijuana, as well as the need for drug policy reform at the federal level and why marijuana policy is an issue better handled by the states.

  • Paul Thacker

    At HLS, former investigator questions the relationship between physicians and pharmaceutical industry

    October 4, 2011

    In the first lecture of the Edmond J. Safra Center for Ethics series, Paul Thacker, an investigative journalist and former U.S. Senate Finance Committee staffer, said that big pharmaceutical dollars not only own physicians but also many prominent medical school faculty who are paid to lobby for drugs.

  • The Delta Force: A collaboration between HLS and local organizations seeks to transform a region

    July 1, 2011

    Where others see entrenched problems, the HLS Mississippi Delta Project—an interdisciplinary effort in the HLS Clinical and Pro Bono Programs—sees opportunity for transformation. Since launching less than three years ago, the project has made strides in improving public health, promoting economic development and assisting children in the Delta.

  • A Prescription for health law: Conferences, research and university-wide collaboration

    July 1, 2011

    There is no shortage of attorneys involved in legal issues related to the pharmaceutical and health care industries. There is, however, a shortage of law schools examining those issues. Since its founding, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics has aimed to rectify that problem.

  • A Dose of Optimism

    July 1, 2011

    The new CEO of pharmaceutical giant Merck, Kenneth Frazier ’78 is driven by high hopes for the company and what it can do

  • The panel

    From medical tourism to medical migration: HLS conference looks at the globalization of health care (video)

    June 28, 2011

    On May 20 through 21, the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics at Harvard Law School convened an international, multidisciplinary conference providing legal and ethical analysis of one of the broadest reaching developments in health care of the last 20 years: its globalization.

  • HLS Assistant Professor I. Glenn Cohen and Dr. Eli Y. Adashi

    Cohen in the New England Journal of Medicine: ‘Human Embryonic Stem-Cell Research under Siege’

    May 19, 2011

    The United States cannot afford to allow ongoing legal ambiguities to compromise the vast potential of stem-cell research, yet the struggle over federal funding for research involving human embryonic stem cells may well be waged for years to come, write Harvard Law School Assistant Professor I. Glenn Cohen and Dr. Eli Y. Adashi in an article published by the New England Journal of Medicine on May 18.

  • Is the Obama Health Care Reform Constitutional? Fried, Tribe and Barnett debate the Affordable Care Act (video)

    March 28, 2011

    Debating what Harvard Law School Dean Martha Minow called “one of the most important public policy issues and one of the most important constitutional issues,” three law professors offered different perspectives on whether the individual mandate portion of the Affordable Care Act (ACA) violates the commerce clause of the Constitution and infringes on personal liberties.

  • Fried, Carvin, Barnett, and Durbin

    Fried, Dellinger testify on the constitutionality of the healthcare law (video)

    February 3, 2011

    Yesterday, the Senate Judiciary Committee chaired a hearing on the constitutionality of the Affordable Care Act and the provision that requires, beginning in 2014, every American to maintain health insurance coverage. The law requires all citizens without work-based insurance to purchase plans in the private market.

  • Fried argues for constitutionality of the health care mandate (video)

    December 8, 2010

    On Nov. 18, as part of the 2010 National Lawyers Convention in Washington, D.C., HLS Professor Chares Fried participated in a debate on the constitutionality of the federal health care legislation—the Patient Protection and Affordable Care Act—signed into law by President Barack Obama ’91 last March.

  • Glenn Cohen on animals, AI and morality

    Cohen speaks to the American Society for Reproductive Medicine on seeking fertility treatments abroad

    November 16, 2010

    Glenn Cohen, Assistant Professor of Law and co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School, addressed health care professionals as a guest speaker at the American Society for Reproductive Medicine’s 66th annual meeting, as part of the Ken Ryan Ethics Symposium - Cross-Border Care, on Oct. 25 in Denver, Colo.

  • A Prescription for Change

    October 8, 2010

    When she was 19, Rebecca Onie ’03 created a program that takes a holistic approach to treating low-income patients; one “genius grant” later, she’s determined to change the health care system.

  • Glenn Cohen on animals, AI and morality

    Cohen on The Takeaway: On the controversies that still lie behind in-vitro fertilization (audio)

    October 6, 2010

    I. Glenn Cohen, co-director of the Petrie-Flom Center for Health and Law Policy and assistant professor of Harvard Law School, was a guest on the radio program “The Takeaway,” a national morning news program produced in partnership with The New York Times, the BBC World Service, WNYC, Public Radio International and WGBH Boston.

  • Professor Anne Alstott

    Alstott in Boston Review: Don’t accept injustice

    July 19, 2010

    The article “Don’t accept injustice,” by Harvard Law School Professor Anne Alstott, appeared in the July/August 2010 edition of the Boston Review.

  • Enforcing Domestic Human Rights

    July 1, 2010

    From filing an emergency guardianship petition in probate court ensuring that the children of a dying mother are raised by the person she chooses, to appealing the denial of a disability claim in federal court for a critically ill client, the Harvard Law School Health Law and Policy Clinic prides itself on taking the toughest cases and working to shape policy to protect some of society’s most vulnerable people.

  • Dorothée Alsentzer ’05 and Robert Greenwald

    Greenwald and Alsentzer recognized for their work helping people living with HIV/AIDS

    June 9, 2010

    In April, Dorothée Alsentzer ‘05, senior clinical fellow at the Health Law and Policy Clinic at Harvard Law School’s WilmerHale Legal Services Center, and Lecturer on law Robert Greenwald, founding director of the clinic, received the Positive Leadership Award from the National Association of People with AIDS, during AIDS Watch, a federal grassroots HIV/AIDS advocacy event held in Washington, D.C.

  • At HLS conference: What biology and the mind sciences teach about law and morality

    May 20, 2010

    Credit: Christopher Dydyk Joshua Greene, assistant professor of Psychology Harvard University; William Fitzpatrick, Assistant Professor, Department of Philosophy, Virginia Tech University, I Glenn Cohen,…

  • Harvard Law’s Petrie-Flom Center (video)

    May 19, 2010

    Founded five years ago as a think tank to respond to the need for leading legal scholarship at the intersection of medicine, science, and law, the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School tackles a wide range of issues, bringing together top scholars from a variety of fields in an interdisciplinary approach to some of the thorniest problems faced by society today.

  • Glenn Cohen on animals, AI and morality

    Cohen on PBS: Why patients are going abroad for medical care

    May 19, 2010

    Assistant Professor I. Glenn Cohen ’03, co-director of the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, recently appeared on the PBS television show "Inside E-Street" to discuss his recent work on medical tourism. 

  • Mack in the Boston Globe: A measure of history

    March 25, 2010

    "A measure of history," an op-ed by Professor Kenneth Mack '91, appeared in the Mar. 25 issue of the Boston Globe.

  • Glenn Cohen on animals, AI and morality

    Faculty Scholarship: Cohen on Medical Tourism and the Patient Protective-Argument

    March 5, 2010

    Professor I. Glenn Cohen ’03, co-director of the Petrie-Flom Center, has written a working paper titled “Protecting Patients with Passports: Medical Tourism and the Patient Protective-Argument.” The working paper examines the growth of “medical tourism” – travel of patients who are residents of one country to another country for medical treatment. 

  • Robert Greenwald and other distinguished members of the Presidential Advisory Council on HIV/AIDS (PACHA) meet at the White House.

    Director of Health Law and Policy Clinic Named to White House HIV/AIDS Council

    February 17, 2010

    Robert Greenwald, Managing Director of the WilmerHale Legal Services Center at HLS, was appointed on Feb. 1 to the Presidential Advisory Council on HIV/AIDS (PACHA). PACHA provides advice, information, and recommendations to the Secretary of Health and Human Services and the President regarding programs and policies intended to promote effective care, treatment, and prevention of HIV disease, and to advance research on HIV disease and AIDS.

  • Ford Foundation Awards $200,000 Grant to Harvard Law School’s Health Law and Policy Clinic

    December 17, 2009

    Harvard Law School’s Health Law and Policy Clinic at the WilmerHale Legal Services Center has been awarded a two-year grant of $200,000 from the Ford Foundation to support the clinic’s leading-edge work in health care law and policy reform.

  • Professor Hal Scott

    Scott: Foreign suits reward plaintiffs that discriminate against U.S. firms

    November 25, 2009

    This year's outbreak of the H1N1 influenza has demonstrated that contagions know few boundaries and spread wherever they can find an available host. Likewise, because of their broad jurisdictional rules, U.S. courts can be easy targets for "forum shopping" by foreign plaintiffs seeking redress against American companies for torts they claim have taken place abroad.

  • Jeff Crowley

    National Director of AIDS Policy Speaks on Health Care, Other Issues

    October 13, 2009

    Far more is at risk in the health care reform debates than the well-being of the 47 million Americans who are currently uninsured, according to Jeff Crowley, the White House director of the Office of National AIDS Policy and senior adviser on Disability Policy, who spoke to an engaged crowd of about 60 students and others at HLS Wednesday night.

  • Rebecca Onie ’03

    HLS alumna wins MacArthur “Genius” Fellowship

    September 23, 2009

    The John D. and Catherine T. MacArthur Foundation announced that Rebecca Onie ’03 is one of 24 recipients of the 2009 MacArthur Fellowship, more commonly known as the Macarthur “Genius Award.”

  • Professor Hal Scott

    In Senate testimony, Scott advised on reform of insurance industry regulation

    July 30, 2009

    On July 28, HLS Professor Hal Scott testified before the Senate Banking Committee at hearings held by committee Chairman Christopher Dodd, D-Conn., addressing how the insurance sector could be better regulated.

  • Glenn Cohen on animals, AI and morality

    Cohen and Roin named co-directors of Petrie-Flom Center at HLS

    July 7, 2009

    Assistant Professors of Law I. Glenn Cohen ’03 and Benjamin Roin ’05 are the new co-directors of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics at Harvard Law School. Professor Einer Elhauge ’86, who has served as faculty director since the Center’s founding in 2005, will remain associated with the research program as its Founding Director.

  • Summer 2009

    The Science Chase: Students explore how law can keep up with biomedical advances

    July 1, 2009

    What if the government forced all citizens to get genetic testing to find out if they were carriers of a deadly disease such as Tay-Sachs? “Any constitutional problem with that?” I. Glenn Cohen ’03 asks the 25 students in his popular course, Genetics and Reproductive Technology: Legal and Ethical Issues, as he paces before the blackboard in a Hauser classroom.

  • Greenwald receives HLS Lambda Leadership Award

    March 5, 2009

    Robert Greenwald received the HLS Lambda Leadership Award on February 28 at the organization’s annual conference on legal advocacy issues for the lesbian, gay, bisexual, and transgender (LGBT) community. Greenwald is a lecturer on law and is the director of the health law clinic and the LGBT family law clinic at the WilmerHale Legal Services Center.

  • The White House

    Nancy-Ann DeParle ’83 and Jeremy Bash ’98 join Obama administration

    March 4, 2009

    Two more HLS alumni have been named to high-level posts in the Obama Administration. Nancy-Ann DeParle ’83 has been appointed director of the White House Office for Health Reform, and Jeremy Bash ’98 will be CIA Director Leon Panetta’s chief of staff.

  • Doctor's Outfit

    Clinical students, staff take part in U.S. Conference on AIDS

    October 2, 2008

    Staff and students from the WilmerHale Legal Services Center’s Health Law Clinic attended this year’s United States Conference on AIDS last month, where they introduced and described their new program to educate the public about the current state of health care law.

  • Glenn Cohen on animals, AI and morality

    Four young HLS faculty members selected to participate in Junior Faculty Forum

    May 15, 2008

    Assistant Professors I. Glenn Cohen '03, Adriaan Lanni, Jed Shugerman, and Matthew Stephenson '03 each had papers selected for the ninth annual Stanford-Yale Junior Faculty Forum, which will take place at Yale Law School in June.

  • Ruth Ellen Fitch '83

    Tougher Goals, Softer Style

    September 1, 2005

    A hard hat sits on a bookshelf in her office. It's a requirement for visiting the construction site across from the Dimock Community Health Center, but the prop fits Ruth Ellen Fitch '83, the center's president and CEO, in more ways than one.