Faculty Scholarship

(Implicit) Consent to Intimacy, 50 Ind. L. Rev. 907 (2017) (co-author, with John K. Hilton & Jeffrey N. Younggren).

Scrutinizing Strict Scrutiny, 40 Vt. L. Rev. 285 (2015) (co-author, with David Yokum).

An Empirical Method for Materiality:  Would Conflict of Interest Disclosures Change Patient Decisions?, 40 Am. J.L. & Med. 253 (2014) (co-author with David Yokum, Andrea-Gale Okoro, & Christopher Robertson).

Direct and Enhanced Disclosure of Researcher Financial Conflicts of Interest:  The Role of Trust, 23 Health Matrix 409 (2013).

Comparing Certain Aspects of U.S. and Costa Rican Medical Malpractice Compensation Systems: Bad News for Costa Ricans and Medical Tourists to Costa Rica?, 30 Ariz. J. Int'l & Comp. L. 187 (2013) (co-author, with Federico Torrealba, Carmen Garcia Downing, & Rose Marie Ibanez).

Constitutional Attacks Against the Patient Protection and Affordable Care Act’s “Mandating” that Certain Individuals and Employers Purchase Insurance While Restricting Purchase by Undocumented Immigrants and Women Seeking Abortion Coverage, 38 N. Ky. L. Rev. 489 (2011).

The Purpose Prong of Casey’s Undue Burden Test and Its Impact on the Constitutionality of Abortion Insurance Restrictions in the Affordable Care Act or Its Progeny, 33 Whittier L. Rev. 77 (2011).

Medical Tourism:  Protecting Patients from Conflicts of Interest in Broker’s Fees Paid by Foreign Providers, 6 J. Health & Biomedical L. 1 (2010).

A Fundamental Right of the Monied to "Buy Out Of" Universal Health Care Program Restrictions Versus the Moral Claim of Everyone Else to Decent Health Care: An Unremitting Paradox Of Health Care Reform?, 3 J. Health & Biomedical L. 1 (2007).

What is Scientific Misconduct, Who has to (Dis)Prove It, and to What Level of Certainty?, 26 Med. & L. 493 (2007) (co-author, with Carol Bernstein).

Scientific Misconduct and Liability for the Acts of Others, 26 Med. & L. 477 (2007) (co-author, with Carol Bernstein).

Sound Constitutional Analysis, Moral Principle, and Wise Policy Judgment Require a Clear and Convincing Evidence Standard of Proof in Physician Disciplinary Proceedings, 3 Ind. Health L. Rev. 107 (2006) (co-author, with John J. Marchalonis).

Cases, Materials, and Problems on Bioethics and Law (2d ed. 2003) (co-editor, with Michael H. Shapiro, Rebecca. Dresser, & Ellen Wright Clayton).

What Should the Standard of Proof Be in Scientific Misconduct Proceedings Relating to Public Health Service-Funded Research? 49 Cellular & Molecular Biology 565 (2003) (co-author, with John J. Marchalonis).

Conflicts of Interest Affecting Those Involved in Staff Privileges Matters, 15 HealthCare Ethics Forum 188 (June 2003).

Book review, 28 J. Health Pol. Pol'y, & L. 1129 (2003) (reviewing Tom Koch, Scarce Goods: Justice, Fairness, and Organ Transplantation (2002)).

Chapter 38, Professional Malpractice, in United States Law of Trade and Investment (Boris Kozolchyk & John F. Molloy eds., 2001) (co-author, with Rose Marie Ibanez).

Fourth Amendment Restrictions on Scientific Misconduct Proceedings at Public Universities, 11 Health Matrix 571 (2001) (co-author, with John J. Marchalonis), reprinted in 29 Search & Seizure L. Rep. 49 (Aug. 2002).

First Amendment Protection of Experimentation: A Critical Review and Tentative Synthesis/Reconstruction of the Literature, 8 S. Cal. Interdisc. L.J. 185 (1998) (co-author, with Jennifer Weinzierl).

Conflicts of Interest in Clinical Research and Practice (1996) (co-editor, with David S. Shimm & Allen E. Buchanan, & author of Introduction 1 (co-author, with David S. Shimm), Discovering the Ethical Requirements of Physicians' Roles in the Service of Conflicting Interests as Healers and as Citizens 42 (co-author, with David S. Shimm), An Introduction to Conflicts of Interest in Clinical Practice 163 (co-author, with David S. Shimm), Conflicts of Interest in Relations Between Physicians and the Pharmaceutical Industry 321 (co-author, with David S. Shimm & Michelle Burpeau DiGregorio), and An Introduction to Conflicts of Interest in Clinical Research 361 (co-author, with David S. Shimm)).

Liability for General Malpractice: Choosing Among Theories, 5 Bioethics Bull., Winter/Spring 1996, at ___.

Legal Liability for Financial Incentives to Limit Health Care, paper presented at and published in the proceedings of the 1995 Am. Trial Law. Ass’n Convention.

Case Study: Marketing Research Studies, in Ethics in Emergency Medicine ___ (Kenneth V. Iserson et. al eds., 2d ed. 1994).

Standards of Review and Constitutional Analysis of Health Care, 21 Hastings Const. L.Q. 477 (1994).

Legal Implications for Managing Confidential Information Regarding Workers Compensation Light Duty Programs, 1 J. Nursing L., June 1994, at ___ (co-author, with W.E. Wilkinson & Rose Marie Ibanez).

Ethical Issues and Clinical Trials, 46 Drugs 579 (1993) (co-author, with David S. Shimm).

Rate of Refusal to Participate in Clinical Trials, 12 Bioethics News 4 (1993) (co-author with David S. Shimm).

"Conflicts of Interest" and "Professionalism", 26 Surv. Anesthesiology 260 (1992).

Ethics Committees are Primarily Designed to Assist the Health Care Team and Institution, Rather than the Patient, 4 Health Care Ethics Committee Forum 199 (1992).

Gloving Compliance to Prevent Bloodborne Infections for Healthcare Workers, ____ J. Occupational Health & Safety, Nov. 1992, at ___ (co-author, with Wilkinson et. al).

Cases, Materials, and Problems on Bioethics and Law (1991 supplement) (co-editor, with Michael H. Shapiro).

Refusal to Participate in Clinical Trials: A Way to Verify Informed Consent, 14 IRB 7 (Nov.-Dec., 1991) (co-author, with David S. Shimm).

Conflict of Interest and Informed Consent in Industry-sponsored Clinical Research, 12 J. Legal Med. 477 (1991) (co-author, with David S. Shimm).

Industry Reimbursement for Entering Patients into Clinical Trials: Legal and Ethical Issues, 115 Annals Internal Med. 148 (1991) (co-author, with David S. Shimm).

No "Right to Life," No "Right to Die": United States Supreme Court Doctrine and Decisions in DeSahaney v. Winnebago County and Cruzan v. Director, Missouri Department of Health, 25 Surv. Anesthesiology 46 (1991).

The Most Effective or Least Restrictive Alternative as the Only Intermediate and Only Means-Focused Review in Due Process and Equal Protection, 33 Vill. L. Rev. 111 (1988).

AIDS, Due Process, Equal Protection and the Right to Treatment, 4 Issues in L. & Med. 283 (1988).

Forensic and Medicological Aspects of Transplantation, in Anesthesia for Cardiac Surgery ___ (B. Brown & J. Copeland eds., 1986).

The Case Against (Arizona) Medical Malpractice Panels, 63 U. Det. L. Rev. 7 (1985), rev. version reprinted in ___ Summation, Jan. 1986, at ___.

The Arizona Living Will Bill, 24 Pulse, July & Sept. 1985, at ___.

Is It Federal Policy to Force Inappropriate Treatment on Defective Neonates and to Reimburse Physicians for Unnecessary Aortacoronary By-Pass Surgeries But to Refuse Needed Heart Transplantation to Disabled Patients? 4 Pub. L.F. 21 (1984).

Cases, Materials, and Problems on Bioethics and Law (1981) (co-editor, with Michael H. Shapiro).

Justifying Invigorated Scrutiny and the Least Restrictive Alternative as a Superior Form of Intermediate Review: Civil Commitment and the Right to Treatment as a Case Study, 21 Ariz. L. Rev. 1049 (1979), reprinted in 1 Nat’l L. Rep. 1697 (1980).

Preserving the Right to Treatment: A Critical Assessment and Constructive Development of Constitutional Right to Treatment Theories, 20 Ariz. L. Rev. 1 (1978).

A Purposive Analysis of Constitutional Standards of Judicial Review and a Practical Assessment of the Constitutionality of Regulating Recombinant DNA Research, 51 S. Cal. L. Rev. 1281 (1978).

Conditioning and Other Technologies Used to "Treat?" "Rehabilitate?" "Demolish?" Prisoners and Mental Patients, 45 S. Cal. L. Rev. 616 (1972).

A Convict's Brain: Is It Really His Own? L.A. Times, April 2, 1972, at G1.