Professor Kathleen Boozang has returned to her scholarship and teaching after serving two terms as dean. She teaches Contracts in the Fall semester, and Hot Topics in Health Law and the Law of Death and Dying in the day and weekend divisions. NIL Necessitates Shared Medical Decision· Making for Collete Athletes is appearing in the Fall issue of the MARQUETTE SPORTS LAW REVIEW. Her current project seeks to understand the impact of new abortion regulation on the number of newborns with life limiting conditions and to understand the current and emerging law governing parental decision making on behalf of these children.
Professor Carl Coleman's most recent article, Jacobson In the Time of Covid: Changing Views of Judicial Deference to Public Health Interventions, Amerika Ho (Japanese American Society For Legal Studies) (2024) examines the continued relevance of the Supreme Court's 1905 decision in Jacobson v. Massachusetts in light of the evolution of courts' understandingof federalism, the administrative state, and constitutional law. His forthcoming work includes Strengthening Country Capacity far Research Ethics Oversight: A New WHO Benchmarking Toal (currently under peer review), which reports on the development and pilot testing of a new WHO instrument to measure the quality of research ethics systems, and Harnessing the Power of System 1 Thinking: Front-of-Package Food Labeling Labeling In the U.S. and the E.U., which critically examines the legal and public health implications of proposals to require food manufacturers to prominently display key nutritional information on their products. Professor Coleman's presentations included Around the World: A Look at Initiatives to Accredit or Quality IRBs, CDC/DOD/NIH International Working Group (December 2023), and Harnessing the Power of System 1 Thinking: Front-of-Package Food Labeling In the U.S. and the E.U., ASLME Health Law Professors Conference (June 2024) and Academy of Food Law and Policy (November 2024).
Professor Doron Dorfman's latest law review article, Third-Party Accommodations, is set to be published in April 2025 in the MICHIGAN LAW REVIEW. The article challenges
traditional thinking about disability accommodations as being limited to the relationship
between two parties. Using case studies around no smoking policies, food allergies,
masking, and multiple chemical sensitives, Dorfman shows that disability accommodations
can require a change of behavior from third parties. In two new publications, Dorfman
deals with cutting edge research employing empirical methods to study topics in health
law and disability law. His article, Empirical Disability Legal Studies, published in the peer-reviewed journal, ANNUAL REVIEW OF LAW & SOCIAL SCIENCE, discusses
works that explore disability law critically via a disability studies lens as well
as through quantitative, qualitative, or mixed methods. It identifies three strands
of such research: investigating disabled individuals' experiences with formal legal
institutions,
their experiences negotiating disability fights in everyday situations, and the construction
of disability in legal documents. In Experimental Jurisprudence of Health and Disability
law, a book chapter forthcoming in early 2025 as part of the CAMBRIDGE HANDBOOK OF
EXPERIMENTAL JURISPRUDENCE, Dorfman
reviews scholarship that uses controlled experiments to address jurisprudential questions
and investigate legal concepts in health and disability law. Dorfman himself has produced
several papers utilizing such a
unique approach. Dorfman has also published a new article exploring the effects of
the latest legal challenge to the ACA, Braidwood v. Becerra. This article, Preventive Medicine Stigma, a follow up to Dorfman's article Penalizing Prevention, offers a new reading of the Braidwood case using the literature on stereotypes and
stigma. It was published in the AMERICAN JOURNAL OF LAW & MEDICINE. Dorfman also has
another article, Selecting for Disabilty: How an Anecdote Can Inspire Regulation of Genetic Reproductive
Technalogles, forthcoming in the HARVARD JOURNAL OF LAW & TECHNOLOGY. This article is at the
intersection of genetics and family law, and it explores legislation prohibiting selection
of embryos with impairments. In addition to his tenured appointment at Seton Hall
Law, Dorfman was also recently appointed as a member of the Center for Bioethics at
Harvard Medical School, where he will be teaching a class on the bioethics of disability.
Professor and Center Director Jacob Elberg will be presenting his latest work, Money Over Everything: Reimagining Health Care Enforcement, at Harvard Law School's Health Law Workshop in 2024 and then in January 2025 as
part of Saint Louis University School of Law's Distinguished Speaker Series. This
forthcoming piece details the Department of Justice's singular focus on money as a
way both to prioritize corporate health care enforcement actions and to create deterrence
through corporate resolutions. Using extensive data analysis from DOJ and HHS-OIG
actions against health care entities, the piece offers
a path forward towards a more effective and patient-focused health care enforcement
regime. Professor Elberg published Ain't No Sunshine: Bringing Physician Conflicts Out of the Dark in the UNIVERSITY OF RICHMOND LAW REVIEW. The article analyzes the Sunshine Act and
ties its deficiencies to its failure to focus on the centrality of trust in the doctor
patient relationship. As the Sunshine Act approaches
10 years of operation, and state dissatisfaction with the law's failures prompts a
new wave of legislation, Professor Elberg points to recent federal prosecutions of
dozens of doctors as providing a roadmap for a patient-centered way to more effectively
inform patients of physician conflicts. Professor Elberg presented the topic at the
American Society of Law, Medicine and Ethics Health Law Professors Conference and
as a Zaremski Lecture at Case Western Reserve University School of Law. Professor
Elberg's 2024 presentations included Government Enforcement Actions Against Pharmaceutical Manufacturers, Program on Regulation, Therapeutics, and the Law (PORTAL) (January 2024), Revisiting Too Big to Fall, ASLME Health Law Professors Conference (June 2024), and presentations at the American
Health Law Association's Fraud and Compliance Forum and the Pharmaceutical and Medical
Device Ethics and Compliance Congress (October 2024).
Professor John Jacobi published Community Health Workers and the DIiemma of Integrated Care, 23 HOUS. J. HEALTH. & POL'Y 145 (2024). He presented All-Payer PIiots: Payment Reform and/or Health Reform at the Health Care Professors Annual Meeting, Temple University Beasley School of Law, Philadelphia. He is engaged with several health and social service nonprofit organizations in New Jersey. He is Board Chair of North Jersey Community Research Institute, in Newark, New Jersey, where he works to advance public health goals including HIV/AIDS testing and treatment, Hepatitis C and D diagnosis, treatment, and health maintenance, housing for previously unhoused persons, drop-in centers for unhoused persons, diagnosis and treatment of substance related conditions, and integrated behavioral/ medical care for underserved vulnerable residents. He is Board Vice-Chair of the Greater Newark Health Care Coalition, an organization comprising CEOs of Newark area hospitals, FQHCs and treatment centers, and representatives of government, academia, and advocacy groups. GHNCC advocates for equitable health and social care for residents of the Newark, New Jersey area and acts as a convener of service providers, advocates, community groups and government entities in the region.
Professor Jacobi was appointed to a gubernational commission on Health Care Affordability and Transparency, where he serves on technical and policy committees. He serves on advisory bodies guiding the implementation of New Jersey Medicaid's housing Initiatives through Its §1115 Waiver program, and the development of an open source community services library for service providers assisting underserved populations. He is principal investigator in research projects advancing regulatory reform in areas focused on health related social needs and care access for underserved populations.
Professor Tara Ragone identifies legal, regulatory, and policy pathways to improve access to meaningful, evidence-based, whole-per son health care for our most vulnerable popula tions. As co-chair along with Professor Jacobi of the Sustainability and Employment Committee of the New Jersey Department of Health's Colette Lamothe-Galette Community Health Worker Institute, she is researchingand educating about innovativeregulatoryand financing proposals to support CHWs as critical connectors who bridge gaps between medical and social services for vulnerable populations. In the coming year, she is helping to form and then will support and empower an advisory committee that is composed of a majority of CHWs as it develops recommendatlons to the New Jersey Commissioner of Health on a certification mechanism for CHWs in the state. She also Is an active member of a multi-sector coalitionthat is developing reimbursement pathways to sustain evidence-based preventive pediatric behavioral health models. Her policy work dovetails with and enriches Professor Ragone's academic work and teaching. She presented Exploring Medicare Opportunities to Use Auxlllary Workers to Address Health-Related Social Needs at the 47th Annual ASLME Health Law Professors Conference on June 7, 2024 in Philadelphia, Pennsylvania. On January 8, 2025, she will discuss Legal Solutions to Combattlnt America's Mental Health Crisis on a panel at the 2025 AALS Annual Meeting in San Francisco, CA.
