Carl H. Coleman

Carl H. Coleman

Professor of Law and Academic Director of Division of Online Learning

  • Degrees:

  • J.D., Harvard University
  • A.M., Harvard University
  • B.S.F.S., Georgetown University
  • Contact:

  • carl.coleman@shu.edu
  • Tel:  201-204-9512
  • SSRN Site link
  • Curriculum Vitae
  • Courses:

  • Health Law
  • Public Health Law
  • Regulating Research with Human Subjects
  • European Union Law
  • Torts I

Carl H. Coleman

Carl H. Coleman

Professor of Law and Academic Director of Division of Online Learning

Professor Carl Coleman specializes in the legal, ethical, and public policy implications of medical treatment, research, and public health. He currently serves as Academic Director of Seton Hall Law School's Division of Online Learning.

During the 2006-2007 academic year, Professor Coleman served as Bioethics and Law Adviser at the World Health Organization (WHO) in Geneva, Switzerland, where he was one of the authors of the report, Ethical Considerations in Developing a Public Health Response to Pandemic Influenza, and contributed to a WHO project on strengthening research ethics committees in Western and Central Africa. More recently, he served as Rapporteur for a WHO project to develop guidance on ethical issues in tuberculosis prevention, care, and control. He continues to work with WHO as a consultant on various projects related to ethics and global public health.

From 2010-2013, Professor Coleman was a member of the Secretary's Advisory Committee on Human Research Protections (SACHRP), which is charged with providing expert advice to the Office for Human Research Protections of the U.S. Department of Health and Human Services. He has also served as a member of the institutional review boards at Seton Hall University and the University of Medicine and Dentistry of New Jersey, as a member of the New York State Attorney General’s Commission on Quality of Care at the End of Life, and as co-chair of the Committee on Ethical Issues in the Provision of Health Care of the New York State Bar Association.

Following graduation from the Harvard Law School, Professor Coleman served as law clerk to Chief Judge James L. Oakes of the U.S. Court of Appeals for the Second Circuit. He then worked as a litigation associate at Leventhal Slade & Krantz in New York City. In 1993, he was appointed Counsel to the New York State Task Force on Life and the Law, a nationally recognized interdisciplinary commission with a mandate to recommend public policy on bioethical issues. He was made Executive Director of the Task Force in 1995.

He came to Seton Hall in 2000 and was award the Andrea Catania Fellowship for Excellence in Teaching in 2007.

PUBLICATIONS

LAW REVIEW ARTICLES


Beyond the Call of Duty: Compelling Health Care Professionals to Work During an Influenza Pandemic, 94 Iowa L. Rev. 1 (2008)

Research with Decisionally Incapacitated Human Subjects: An Argument for a Systematic Approach to Risk-Benefit Assessment, 83 Ind. L.J. 743 (2008)

Duties to Subjects in Clinical Research, 58 Vand. L. Rev. 387 (2005)

Rationalizing Risk Assessment in Human Subject Research, 46 Ariz. L. Rev. 1 (2004)

Conceiving Harm: Disability Discrimination in Assisted Reproductive Technologies, 50 UCLA L. Rev. 17 (2002)

Assisted Reproductive Technologies and the Constitution, 30 Ford. Urb. L.J. 57 (2002) (paper delivered at symposium at Fordham Law School, "Religious Values and Legal Dilemmas in Bioethics")

Procreative Liberty and Contemporaneous Choice: An Inalienable Rights Approach to Frozen Embryo Disputes, 84 Minn. L. Rev. 55 (1999)

Developments in the Law — Sexual Orientation and the Law, 102 Harv. L. Rev. 1508, 1554-84 (1989) (primary author of section on employment law); reprinted in Sexual Orientation And The Law (Harvard University Press, 1990)

OTHER JOURNAL ARTICLES


Improving the Quality of Host Country Ethical Oversight of International Research: The Use of a Collaborative ‘Pre-Review’ Mechanism for a Study of Fexinidazole for Human African Trypanosomiasis, DEVELOPING WORLD BIOETHICS (July 2014) (on behalf of the International Ethics Review Working Group)

Attorneys as False Claims Act Whistleblowers: The Second Circuit Weighs In, REVUE INTERNATIONALE DE LA COMPLIANCE ET DE L'ETHIQUE DES AFFAIRES, no. 40, at 21 (October 2013)

The Role of Informed Consent in Turberculosis Testing and Screening, 39 European Respiratory J. 1057-59 (2012) (with Michael Selgelid, Andreas Reis, Lee Reichman, and Ernesto Jaramillo)

Toward Evidence-Based Conflict of Interest Compliance Training for Physician Investigators, 40 J.L. MED. & ETHICS 500 (2012) (with Kate Greenwood & Kathleen Boozang)

An Argument against Embedding Conflicts of Interest Disclosures in Informed Consent, J. Health & Life Sciences L., 230-267 (June 2011) (with Kathleen M. Boozang and Kate Greenwood)

Vulnerability as a Regulatory Category in Human Subject Research, 37 J.L. MED. & ETHICS 12 (2009)

Do Physicians' Legal Duties Conflict with Public Health Values? The Case of Antibiotic Overprescription, 6 J. Bioethical Inquiry 181 (2009)

Potential Penalties for Health Care Professionals Who Refuse to Work During a Pandemic, 299 JAMA 1471 (2008) (with Andreas Reis)

How Do We Know that Research Ethics Committees Are Really Working? The Neglected Role of Outcomes Assessment in Research Ethics Review, 9 BMC Medical Ethics 6 (2008) (with Marie-Charlotte Bouësseau)

The Contribution of Ethics to Public Health, 86 BULLETIN OF THE WORLD HEALTH ORG. 578 (2008) (with Marie-Charlotte Bouësseau and Andreas Reis)

Why Have IRBs at All? A Reply to Noah, 25 J. Leg. Med. 295 (2005) (response to article by Lars Noah)

HIV, ARTs, and the ADA, 3(1) AM. J. BIOETHICS 43 (2003) (commentary on article by Mark Sauer)

The “Disparate Impact” Argument Reconsidered: Making Room for Justice in the Assisted Suicide Debate, 30 J.L. Med. & Ethics 17 (2002) (commentary on article by Ronald Lindsay)

Closing the Gaps in Genetics Legislation and Policy: A Report by the New York State Task Force on Life and the Law, 5 Genetic Testing 275 (2001) (with Ann M. Carroll)

Is There a Constitutional Right to Preconception Sex Selection?, 1(1) Am. J. Bioethics 27 (2001) (commentary on article by John Robertson)

Developing Public Policy on Assisted Reproductive Technologies: Reflections on the Work of the New York State Task Force on Life and the Law, 73 Fertility & Sterility 21 (2000) (with Barbara A. DeBuono)

Treatment Decisions for Patients Without Surrogates: Rethinking Policies for a Vulnerable Population, 45 J. Am. Geriatrics Soc'y 369 (1997) (with Tracy E. Miller & Anna Maria Cugliari)

Guidelines for Physician-Assisted Suicide: Can the Challenge Be Met?, 24 J.L.Med. & Ethics 217 (1996) (with Alan R. Fleischman)

Stemming the Tide: Assisted Suicide and the Constitution, 23 J.L. Med. & Ethics 389 (1995) (with Tracy E. Miller); reprinted in Physician-Assisted Suicide (Greenhaven Press, 1997)

CENTER PUBLICATIONS


The Limits of Disclosure as a Response to Financial Conflicts of Interest in Clinical Research, (2010) (A White Paper by The Center for Health & Pharmaceutical Law & Policy) (collaborator)

Conflicts of Interest in Clinical Trial Recruitment & Enrollment: A Call for Increased Oversight, (2009) (A White Paper by The Center for Health & Pharmaceutical Law & Policy) (collaborator)

OTHER PUBLICATIONS


Genetic Testing and Screening in the Age of Genomic Medicine, New York State Task Force on Life and the Law (2000) (editor)

Assisted Reproductive Technologies: Analysis and Recommendations for Public Policy, New York State Task Force on Life and the Law (1998) (editor of entire volume; primary author of selected chapters)

When Death Is Sought: Assisted Suicide and Euthanasia in the Medical Context, Supplement to Report, New York State Task Force on Life and the Law (1997) (primary author); excerpts reprinted in John D. Arras and Bonnie Steinbock eds., ethical Issues in Modern Medicine, 5th Ed. (Mayfield Press, 1998)

When Death Is Sought: Assisted Suicide and Euthanasia in the Medical Context, New York State Task Force on Life and the Law (1994) (primary author of chapter on legal issues)

CASE BOOKS


The Ethics and Regulation of Research with Human Subjects, Lexis (2005) (with Jerry A. Menikoff, Jesse A. Goldner, and Nancy N. Dubler)

BOOKS AND BOOK CHAPTERS


The Common Rule: US Regulatory Protections for Human Research Participants, in International Encyclopedia of Social & Behavioral Sciences, 2d Ed. (forthcoming 2015)

International Issues, in Fundamentals of Life Sciences Law: Drugs, Devices, and Biotech (American Health Lawyers Association, 2nd Ed., 2014) (with Simone Handler-Hutchinson)

End-of-Life Treatment Decisions in United States Law, in Stefania Negri Ed., Self-Determination, Dignity and End-of-Life Care: Regulating Advance Directives in International and Comparative Perspecitve (2012)

Do Physicians' Legal Duties to Patients Conflict with Public Health Values? The Case of Antibiotic Overprescription, in Michael J. Selgelid et. al. eds., Infectious Disease Ethics: Limiting Liberty in Contexts of Contagion (2011)

Assisted Reproductive Technologies, in James J. Ponzetti Et Al. Ed., International Encyclopedia of Marriage and Family 2d Ed. (2002)

ONLINE COMMENTARIES


Strengthening Local Review of Research in Africa: Is The IRB Model Relevant?, Bioethics Forum (December 22, 2006) (with Marie-Charlotte Bouësseau)

End-of-Life Decision-Making and the Politics of the Fetus, Bioethics Forum (July 26, 2006)