The faculty members of Arizona Law are among the most influential legal scholars in the world. Our faculty routinely produce powerful and provocative scholarship, from shaping legal debate on water policy and ethics, to conducting research that identifies and solves important real-world challenges like jury bias and internet censorship.
Paying for Ourselves: The Ethics, Economics, and Law of Cost-Sharing in Health Insurance (forthcoming 2018).
Big Data Neglects Populations Most in Need of Medical and Public Health Research and Interventions, in Big Data, Health Law, and Bioethics ___ (H.F. Lynch, I.G. Cohen, & U. Gasser eds., forthcoming 2018) (co-author, with Sarah E. Malanga, Jonathan D. Loe, & Kenneth S. Ramos).
Why Courts Fail to Protect Privacy: Race, Age, Bias, and Technology, ___ Cal. L. Rev. ___ (forthcoming 2018) (co-author, with Bernard Chao, Ian Farrell, & Cathy Durso).
Ideology Meets Reality: What Works and What Doesn’t in Patient Exposure to Health Care Costs, 15 Ind. Health L. Rev. 43 (2018) (co-author, with Victor Laurion).
Incentives, Lies, and Disclosure, 20 J. Const. L. 33 (2018) (co-author, with D. Alex Winkelman).
Can Rationing Through Inconvenience Ever Be Ethical? __ Hastings Center Report __ (forthcoming 2018) (co-author, with Nir Eyal & Paul Romain).
The Federal Right to Try Act of 2017 - A Wrong Turn for Access to Investigational Drugs and the Path Forward, JAMA Intern Med., published online at http://dx.doi.org/10.1001/jamainternmed.2017.8167 (Jan. 22, 2018) (co-author, with Alison Bateman-House).
Time is Money: An Empirical Assessment of Non-Economic Damages Arguments, 95 Wash. Univ. L. Rev. 1 (2017) (co-author with John Campbell & Bernard Chao).
The Tip of the Iceberg: A First Amendment Right to Promote Drugs Off-Label, 78 Ohio St. L.J. 1019 (2017).
Tip of the Iceberg II: How the Intended-Uses Principle Produces Medical Knowledge and Protects Liberty, 11 NYU J. L. & Liberty 770 (2017) (co-author, with Victor Laurion).
First Opinion, Behavioral Science Suggests that Obamacare May Not Change as Much as Republicans Claim, STAT (Jan. 3, 2017), https://www.statnews.com/2017/01/03/behavioral-science-offers-insights-a... (co-author, with Holly Fernandez Lynch & I. Glenn Cohen).
Opinion, It's Time to Rethink the Law School Entrance Exam Monopoly, The Hill (Oct. 25, 2017), http://thehill.com/opinion/education/357098-its-time-to-rethink-the-law-school-entrance-exam-monopoly (co-author, with Marc L. Miller).
Our Turn: Police Shouldn't Access Your Phone's Data Without a Court Order, azcentral.com (Nov. 24, 2017), https://www.azcentral.com/story/opinion/op-ed/2017/11/24/supreme-court-police-cellphone-data-without-warrant/885476001/ (co-author, with Ian Farrell & Bernard Chao).
Nudging Health: Health Law and Behavioral Economics (2016) (co-editor, with I. Glenn Cohen, Holly Fernandez Lynch, & Introduction 3 (co-author, with I. Glenn Cohen & Holly Fernandez Lynch), Cost Sharing as Choice Architecture 146 (co-author, with David V. Yokum) & Introduction to Part VI: Deciding for Patients and Letting Patients Decide for Themselves 259).
Blinding as a Solution to Bias: Strengthening Biomedical Science, Forensic Science, and Law (2016) (co-editor, with Aaron S. Kesselheim & author of Introduction 3 (co-author, with Aaron S. Kesselheim); Why Blinding? And How? A Theory of Blinding and Its Application to Institutional Corruption 25; Money Blinding as a Solution to Biased Design and Conduct of Scientific Research 115 (co-author, with Marc A. Rodwin); Mock Juror and Jury Assessment of Blinded Expert Witnesses 195 (co-author, with Megan S. Wright & David V. Yokum); & Disclosure Discretion and Selection Bias in Blinding of Experts 211)).
Introduction, in Nudging Health: Behavioral Economics and Health Law 3 (co-editor, with I. Glenn Cohen & Holly Fernandez Lynch, 2016) (co-author, with I. Glenn Cohen & Holly Fernandez Lynch).
Vaccines and Airline Travel: A Federal Role to Protect the Public Health, 42 Am. J. L. & Med. 543 (2016).
Medical Causes and Consequences of Home Foreclosures, 46 Int'l J. Health Serv. 36 (2016) (co-author, with Christina A. Cutshaw, Steffie Woolhandler, & David U. Himmelstein).
Countering the Plaintiff’s Anchor: Jury Simulations to Evaluate Damages Arguments, 101 Iowa L. Rev. 543 (2016) (co-author, with John Campbell, Bernard Chao, & David Yokum).
The Appearance and the Reality of Quid Pro Quo Corruption: An Empirical Investigation, 8 J. Legal Analysis 375 (2016) (co-author, with D. Alex Winkelman, Kelly Bergstrand, & Darren Modzelewski).
Federal Government's Proposed Expansion of Regulation of Biospecimen Research Should Be Reconsidered, 14 Biopreservation and Biobanking 447 (2016) (co-author, with Jonathan Loe).
An Assessment of the Human Subjects Protection Review Process for Exempt Research, 44 J.L. Med. & Ethics 481 (2016) (co-author, with Jonathan D. Loe & D. Alex Winkelman).
Reducing Wasteful Incarcerations, 39 Regulation, Summer 2016, at 20 (co-author, with Jamie Cox Robertson).
Regulating Off-Label Promotion - A Critical Test, 375 New Eng. J. Med. 2313, DOI: 10.1056/NEJMp1611755 (Dec. 15, 2016) (co-author, with Aaron S. Kesselheim).
Opinion, Learning the Wrong Lesson on Privacy from Henrietta Lacks, Washington Post (Jan. 8, 2016), https://www.washingtonpost.com/opinions/learning-the-wrong-lesson-from-h...(co-author, with Jonathan Loe).
Opinion, One Step Toward Making Criminal Justice Less Biased, The Conversation (Oct. 13, 2016), http://theconversation.com/one-step-toward-making-criminal-justice-less-... (co-author, with Shima Baughman & Sunita Sah).
Introduction (Section II, Preserving Public Trust and Demanding Accountability), in FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies 109 (Holly Fernandez Lynch & I. Glenn Cohen eds., 2015).
The FDCA as the Test for the Truth of Promotional Claims, in FDA in the Twenty-First Century: The Challenges of Regulating Drugs and New Technologies 204 (Holly Fernandez Lynch & I. Glenn Cohen eds., 2015).
Cascading Consent for Research on Biobank Specimens, 15 Am. J. Bioethics, no. 9, 2015, at 68, http://dx.doi.org/10.1080/15265161.2015.1062174 (co-author, with Jonathan Loe & Alex Winkelman).
Methodological Appendix for: “A Randomized Experiment of the Split Benefit Health Insurance Reform to Reduce High-Cost, Low-Value Consumption,” Arizona Legal Studies Discussion Paper No. 15-02 (2015) (co-author, with David V. Yokum, Nimish Sheth, & Keith Joiner).
A Problem Not Yet Manifest: Gaps in Insurance Coverage of Medical Interventions after Genetic Testing, 2 J. L. & Biosciences 729 (2015) (co-author, with Sarah Malanga, Ryan Sprissler, & Keith Joiner).
Blinding Prosecutors to Defendants' Race: A Policy Proposal to Reduce Unconscious Bias in the Criminal Justice System, 1 Behav. Sci. & Pol'y, Dec. 2015, at 69 (co-author, with Sunita Sah & Shima Baradaran Baughman).
Do Observer Effects Matter? A Comment on Langenburg, Bochet, and Ford, 6 Forensic Sci. Pol'y & Mgmt. 1 (2015) (co-author, with Roger Koppl et al.).
The Novel New Jersey Eyewitness Instruction Induces Skepticism but Not Sensitivity, PLoS ONE 10(12): e0142695. doi: 10.1371/journal.pone.0142695 (Dec. 9, 2015) (co-author, with Athan P. Papailiou & David V. Yokum).
Should Patient Responsibility for Costs Change the Doctor-Patient Relationship?, 50 Wake Forest L. Rev. 363 (2015).
New DTCA Guidance - Enough to Empower Consumers?, 373 New Eng. J. Med. 1085 (Sept. 17, 2015), http://www.nejm.org/doi/pdf/10.1056/NEJMp1508548.
Scaling and Splitting: New Approaches to Health Insurance, 38 Regulation, Summer 2015, at 40, http://object.cato.org/sites/cato.org/files/serials/files/regulation/201... (co-author, with Keith A. Joiner).
Law Learning from Medicine, JOTWELL (Feb. 2, 2015), http://health.jotwell.com/law-learning-from-medicine/ (reviewing Evan D. Anderson & Scott Burris, Educated Guessing: Getting Researchers and Research Knowledge into Policy Innovation, Temp. U. Legal Stud. Res. Paper No. 2014-10, available at SSRN).
Open Payments: Early Impact And The Next Wave Of Reform, HealthAffairs Blog (Mar. 3, 2015), http://healthaffairs.org/blog/2015/03/03/open-payments-early-impact-and-... (co-author, with Tony Caldwell).
Scaling Cost-Sharing to Wages: How Employers Can Reduce Health Spending and Provide Greater Economic Security, 14 Yale J. Health Pol'y L. & Ethics 239 (2014).
Crowdsourcing Public Health Experiments: A Response to Jonathan Darrow’s “Crowdsourcing Clinical Trials”, 98 Minn. L. Rev. 2326 (2014) (co-author, with Ameet Sarpatwari, David V. Yokum, & Keith Joiner).
A Randomized Experiment of the Split Benefit Health Insurance Reform to Reduce High-Cost, Low Value Consumption, 1 Innovation & Entrepreneurship in Health 5 (2014) (co-author, with David V. Yokum, Nimish Sheth, & Keith Joiner).
Heterogeneity in IRB Policies with Regard to Disclosures about Payment for Participation in Recruitment Materials, 42 J.L. Med. & Ethics 375 (2014) (co-author, with Megan S. Wright).
When Truth Cannot Be Presumed: The Regulation of Drug Promotion Under an Expanding First Amendment, 94 B.U. L. Rev. 545 (2014).
Expert Witness Blinding Strategies to Mitigate Bias in Radiology Malpractice Cases: A Comprehensive Review of the Literature, 11 J. American College Radiology 868 (2014) (co-author with Daniel J. Durand et al.).
Perceptions of Efficacy, Morality, and Politics of Potential Cadaveric Organ-Transplantation Reforms, 77 Law & Contemp. Probs., no. 3, 2014, at 101 (co-author, with David V. Yokum & Megan S. Wright).
The Problem of Biased Experts, and Blinding as a Solution: A Response to Professor Gelbach, 81 U. Chi. L. Rev. Dialogue 61 (2014).
An Empirical Method for Materiality: Would Conflict of Interest Disclosures Change Patient Decisions?, 40 Am. J.L. & Med. 253 (2014) (co-author with Roy Spece, David Yokum, & Andrea-Gale Okoro).
An Empirical Method for Harmless Error, 46 Ariz. St. L.J. 1405 (2014) (co-author, with D. Alex Winkelman et al.).
The Presumption Against Expensive Healthcare Consumption, 49 Tulsa L. Rev. 627 (2014).