Recently, a significant body of law - judicial, statutory, and regulatory - has developed around medical care provided to terminally ill and dying patients. This course will address legal issues engendered by our increasing control over the end of life. In particular, this class will consider: (i) state and federal regulation of hospice; (ii) state and federal regulation of pain management; (iii) the definition of death; (iv) informed consent; (v) the refusal and withdrawal of life-sustaining interventions by competent patients, (vi) the refusal and withdrawal of life-sustaining interventions by incompetent patients through advance directives, surrogates, and guardians; (vii) formal and informal dispute resolution mechamisms, including ethics committees; (viii) physician assisted suicide; and (ix) medical futility.
Required Materials:
1. Casebook, if any, TBA
2. Selected cases, statutes, articles, pleadings, and motions overing both more recent and local legal developments.
These will be posted in PDF on the course TWEN page.
3. The TWEN site will also include the PowerPoint slides for each class session, weekly problems, and problem
feedback memos.) We will also use a fair number of film clips to launch discussions
Fall 2011 Courses
Torts
Course Description: This is the introductory course on torts. We will analyze appellate opinions, statutory provisions, and other legal materials to: (i) extract tort law principles and rules, (ii) draw analogies and distinctions, and (iii) develop legal arguments.We will cover intentional torts and negligence. Required Materials: 1.Prosser, Wade, Schwartz, Kelly and Partlett, Cases and Materials on Torts (11th ed. Foundation University
Casebook Series 2005) (ISBN-13: 9781587788741). Since there is now a 12th edition of this casebook,
inexpensive copies of the11th edition can be obtained from Amazon, Barristers, and other merchants.
2. Selected cases, statutes, articles, pleadings, and motions overing both more recent and local legal developments.
These will be posted in PDF on the course TWEN page.
3. The TWEN site will also include the PowerPoint slides for each class session, weekly problems, and problem
feedback memos.) We will also use a fair number of film clips to launch discussions.
Course Description: Health law is an incredibly broad and growing field.This course surveys a subset of some major topics in health law, especially those pertaining to patient care, liability, and bioethics. Topics include: (i) the formation and termination of the treatment relationship; (ii) informed consent; (iii) confidentiality; (iv) individual, institutional, and managed care liability, including the impact of ERISA preemption; (v) physician licensure; and(vi) end-of-life healthcare decision making.The unifying themes are quality and patient autonomy. Given the overwhelming emphasis on tort-based theories, one might alternatively think of this as an advanced torts class.
Prerequisites:
The class will draw heavily on Torts, as well as from Civil Procedure, and Contracts. Familiarity with Agency and Evidence is also recommended but certainly not required.
Required Materials: 1. There is no casebook for this course. All course materials will be distributed through the course TWEN site. The
primary reading will be comprised of judicial opinions. But we will also examine key state and federal statutes. 2. In addition to the above material, the TWEN site will also include: (i) the syllabus, (ii) PowerPoint slides for each class session; and (iii) weekly problems and problem feedback memos.
Course Description In contrast to Health Law I which
focuses on liability and patient care issues, Health Law II addresses
the regulation, structure, and financing of the U.S. health care system.
There have been important developments in these areas during
2010. The class move quickly across a broad and diverse range of legal issues. Regulation and structure issues include: (i) how health care
institutions legally organize as business associations, (ii) charitable
tax exemption, (iii) medical staff structure and disputes, (iv) fraud &
abuse, (v) health care transactions, and (vi) antitrust. Access and
financing issues include: (i) health care spending, coverage, and
reimbursement methods by private insurers; (ii) Medicaid, and Medicare;
and (iii) ERISA preemption. Health Law II will meet on
Monday and Wednesday nights.
Required Materials 1.There is no casebook for this
course. All course materials will be distributed through a course TWEN site. While we will cover a fair number of cases, a
substantial portion of the material will be comprised of statutes, regulations, government reports, and academic law and
policy articles.
2.In addition to the above material,
the TWEN site will also include: (i) the syllabus, (ii) PowerPoint for each class session; (iii) podcast summaries, and (iv) weekly problems and problem feedback memos.
Course Description This course is a two-credit seminar with a very strong research and writing emphasis. The early classes will focus on major themes and methods in bioethics as well as on research and writing tools. The later classes will consist of student presentations of their ongoing research. Evaluation will be based on the timely submission of, sequentially: (i) a paper topic, (ii) claim/thesis, (iii) outline and bibliography, (iv) near-complete draft, and (v) final 20-page (5000-word, including footnotes) well-researched and well-argued seminar paper. In addition to the paper, students must participate in a related community outreach effort such as National Healthcare Decisions Day (April 15-16), the MOLST task force, or a DEOLC consumer manual.
Course Description: Health law is an incredibly broad and growing field.This course surveys a subset of some major topics in health law, especially those pertaining to patient care, liability, and bioethics. Topics include: (i) the formation and termination of the treatment relationship; (ii) informed consent; (iii) confidentiality; (iv) individual, institutional, and managed care liability, including the impact of ERISA preemption; (v) physician licensure; and(vi) end-of-life healthcare decision making.The unifying themes are quality and patient autonomy. Given the overwhelming emphasis on tort-based theories, one might alternatively think of this as an advanced torts class.
Prerequisites:
This class is cross-enrolled by J.D., L.L.M., and M.J. students. The class will draw heavily on Torts, as well as from Civil Procedure, and Contracts. Familiarity with Agency and Evidence is also recommended but certainly not required.
Required Materials: 1. There is no casebook for this course. All course materials will be distributed through the course TWEN site. The
primary reading will be comprised of judicial opinions. But we will also examine key state and federal statutes. 2. In addition to the above material, the TWEN site will also include: (i) the syllabus, (ii) PowerPoint slides for each class session; and (iii) weekly problems and problem feedback memos.
Course Description: This is the introductory course on torts. We will analyze appellate opinions, statutory provisions, and other legal materials to: (i) extract tort law principles and rules, (ii) draw analogies and distinctions, and (iii) develop legal arguments.We will generally cover intentional torts and negligence. Required Materials: 1.Prosser, Wade, Schwartz, Kelly and Partlett, Cases and Materials on Torts (11th ed. Foundation University
Casebook Series 2005) (ISBN-13: 9781587788741). 2. Kenneth S. Abraham, The Forms and Functions of Tort Law (3d ed. Foundation 2007) (ISBN-13:
9781599412009).
3. Selected cases, statutes, articles, pleadings, and motions overing both more recent and local legal developments.
These will be posted in PDF on the course TWEN page. (The TWEN site will also include the PowerPoint slides for
each class session and weekly problems and problem feedback memos.) We will also use a fair number of film clips
Course Description In contrast to Health Law I which focuses on liability and patient care issues, Health Law II addresses the regulation, structure, and financing of the U.S. health care system. Regulation and structure issues include: (i) how health care institutions are legally organized as business associations, (ii) charitable tax exemption, (iii) medical staff structure and disputes, (iv) fraud & abuse, (v) health care transactions, and (vi) antitrust. Access and financing issues include: (i) health care spending, coverage, and reimbursement methods by private insurers; (ii) Medicaid, and Medicare; and (iii) ERISA preemption. Health Law II will meet on Monday and Wednesday nights.
Required Materials 1. There is no casebook for this course. All course materials will be distributed through the course TWEN site. While we will cover a fair number of cases, a substantial portion of the material will be comprised of statutes, regulations, government reports, and academic law and policy articles. 2. In addition to the above material, the TWEN site will also include: (i) the syllabus, (ii) PowerPoint slides for each class session; and (iii) weekly problems and problem feedback memos.
Course Description This course is a two-credit seminar with a strong research and writing emphasis. The early classes will focus on major themes and methods in bioethics as well as on research and writing tools. The later classes will consist of student presentations of their ongoing research. Evaluation will be based on the timely submission of, sequentially: (i) a paper claim, (ii) outline, (iii) draft, and (iv) final 25-page (6000-word, excluding footnotes) well-researched and well-argued seminar paper.
Required Materials: 1. Eugene Volokh, Academic Legal Writing (3d ed. Foundation 2007) (ISBN 978-1599411958). 2. Elizabeth Fajans & Mary R. Falk, Scholarly Writing for Law Students: Seminar Papers, Law Review Notes, and Law Review Competition Papers (3d ed. West 2005) (ISBN 978-0314146311).
Course Description: Health law is an incredibly broad and growing field.This course surveys a subset of some major topics in health law, especially those pertaining to patient care, liability, and bioethics. Topics include: (i) the formation and termination of the treatment relationship; (ii) informed consent; (iii) confidentiality; (iv) individual, institutional, and managed care liability, including the impact of ERISA preemption; (v) physician licensure; and(vi) end-of-life healthcare decision making.The unifying themes are quality and patient autonomy.
Prerequisites:
This class is cross-enrolled by J.D., L.L.M., and M.J. students. The class will draw heavily on Torts, as well as from Civil Procedure, and Contracts. Familiarity with Agency and Evidence is also recommended but certainly not required.
Required Materials: 1. Hall, Bobinski & Orentlicher, Medical Liability and Treatment Relationships(2d ed. Aspen 2008) (ISBN13: 9780735570054). 2. Sandra H. Johnson et al., Health Law and Bioethics: Cases in Context (Aspen 2009) (ISBN13: 9780735577671).
3. Selected cases, statutes, articles, pleadings, and motions overing both more recent and local legal developments. These will be posted in PDF on the course TWEN page. (The TWEN site will also include the PowerPoint slides for each class session and weekly problems and problem feedback memos.) We will also use a fair number of film clips to launch discussions.
Course Description: This is the introductory course on torts. We will analyze appellate opinions, statutory provisions, and other legal materials to: (i) extract tort law principles and rules, (ii) draw analogies and distinctions, and (iii) develop legal arguments.We will generally cover intentional torts and negligence. Required Materials: 1.Prosser, Wade, Schwartz, Kelly and Partlett, Cases And Materials on Torts (11th ed. Foundation University Casebook Series 2005) (ISBN-13: 9781587788741). 2. Kenneth S. Abraham, The Forms and Functions of Tort Law (3d ed. Foundation 2007) (ISBN-13: 9781599412009).
3. Selected cases, statutes, articles, pleadings, and motions overing both more recent and local legal developments. These will be posted in PDF on the course TWEN page. (The TWEN site will also include the PowerPoint slides for each class session and weekly problems and problem feedback memos.) We will also use a fair number of film clips to launch discussions.
In contrast to Health Law I which focuses on liability and patient care issues, Health Law II addresses the regulation, structure, and financing of the U.S. health care system. Regulation and structure issues include: (i) how health care institutions are legally organized as business associations, (ii) charitable tax exemption, (iii) medical staff structure and disputes, (iv) fraud and abuse, (v) health care transactions, and (vi) antitrust. Access and financing issues include: (i) health care spending, coverage, and reimbursement methods by private insurers; (ii) Medicaid, and Medicare; and (iii) ERISA preemption. Health Law II will meet on Monday and Wednesday nights in L248.
Required Materials:
1. Barry R. Furrow et al., The Law of Healthcare Organization and Finance (Thomson/West American Casebook Series 6th ed. 2008) (ISBN 978-0-314-18477-1).
2. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the syllabus, (ii) PowerPoint slides for each class session; (iii) supplemental readings; and (iv) weekly problems and problem feedback memos.
Course Description: Health law is an incredibly broad and growing field.This course surveys a subset of some major topics in health law, especially those pertaining to patient care, liability, and bioethics. Topics include: (i) the formation and termination of the treatment relationship; (ii) informed consent; (iii) confidentiality; (iv) individual, institutional, and managed care liability, including the impact of ERISA preemption; (v) physician licensure; and(vi) end-of-life health care decision making.The unifying themes are quality and patient autonomy.
Required Materials: 1. Hall, Bobinski & Orentlicher, Medical Liability and Treatment Relationships(2d ed. Aspen 2008) (ISBN13: 9780735570054). 2. Selected readings covering both more recent and local legal developments. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session available before class, (ii) the supplemental readings, and (iii) weekly problems and problem feedback memos.
Course Description: This is the introductory course on torts. We will analyze appellate opinions, statutory provisions, and other legal materials to: (i) extract tort law principles and rules, (ii) draw analogies and distinctions, and (iii) develop legal arguments.We will generally cover intentional torts and negligence. Required Materials: 1. Schwartz, Kelly & Partlett, Prosser, Wade and Schwartz's Torts Cases and Materials (11th ed. Foundation 2005) (ISBN 1587788748). 2. Selected readings covering both more recent and local legal developments. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session available before class, (ii) the supplemental readings, and (iii) weekly problems and problem feedback memos.
In the Spring 2008 semester, I will be teaching Health Law II on Monday and Wednesday evenings, and End-of-Life Decisions Law on Tuesday afternoons.
Health Law II
Course Description
In contrast to Health Law I which focuses on liability and patient care issues, Health Law II addresses the regulation, structure, and financing of the U.S. health care system. Regulation and structure issuesinclude: (i) how health care institutions are legally organized as business associations, (ii) charitable tax exemption, (iii) medical staff structure and disputes, (iv) fraud and abuse, (v) health care transactions, and (vi) antitrust. Access and financing issues include: (i) health care spending, coverage, and reimbursement methods by private insurers; (ii) Medicaid, and Medicare; and (iii) ERISA preemption.
Required Materials:
1. Barry R. Furrow et al., The Law of Healthcare Organization and Finance (Thomson/West American Casebook Series 5th ed. 2004) (ISBN 0314154051) [Note: You can also use Furrow et al., Health Law: Cases, Materials, and Problems 5th ed. which is the larger casebook from which the paperback is derived.]
2. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session; (ii) supplemental readings, including Delaware-specific materials; and (iii) weekly problems and problem feedback memos.
Health Law can be divided into five subfields: (i) finance and regulation, (ii) public health, (iii) biotechnology, (iv) bioethics, and (v) liability and patient care. This course focuses on several key patient care issue and will also cover some important finance, regulation, and bioethics doctrines and principles.
Recently, a significant body of law, both judicial and statutory, has developed around end-of-life decision making. This course will address legal issues engendered by our increasing control over the end of life. In particular, this class will consider: (i) the definition of death; (ii) informed consent; (iii) the refusal and withdrawal of life sustaining interventions by competent patients, (iv) the refusal and withdrawal of life sustaining interventions by incompetent patients through advance directives and surrogates; (v) formal and informal dispute resolution mechamisms, including health care provider liability; (vi) physician assisted suicide; and (vii) medical futility. The course will not cover special issues pertaining to newborns and children.
Required Materials:
1. Marsha Garrison & Carl E. Schneider, The Law of Bioethics: Individual Autonomy and Social Regulation (Thomson/West American Casebook Series 2003) (ISBN 0314252215).
2. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session; (ii) supplemental readings, including Delaware-specific materials; and (iii) weekly problems and problem feedback memos.
In the Fall 2007 semester I will be teaching Health Law I on Monday and Wednesday evenings. I will be teaching Bioethics Seminar on Tuesday afternoons. More specific course information is posted to the course TWEN pages.
Health Law I
Course Description:
This
course surveys major topics in health law pertaining to patient care and liability. Topics
include: (i) the formation and termination of the treatment
relationship; (ii) informed consent; (iii) professional, institutional,
and managed care liability; (iv) ERISA preemption; and (v) select issues in bioethics. [Note that public and private health care insurance (access, spending, reimbursement) and regulation (state and federal) issues are covered in Health Law II.]
Required Materials:
1. Hall, Bobinski & Orentlicher, Medical Liability and Treatment Relationships (Aspen 2005) (ISBN13: 9780735552036).
2. Selected readings covering both more recent and local legal developments.
The course will be supported by a TWEN site. The
TWEN site will include, among other information: (i) the PowerPoint
slides for each class session available before class, (ii) the supplemental
readings, and (iii) weekly problems and problem feedback memos.
Bioethics Seminar
Course Description:
Bioethics is a two-credit seminar with a strong research and writing emphasis. The early classes will focus on major themes and methods in bioethics as well as on research and writing tools. The later classes will consist of student presentations of their research. Evaluation will be based on the timely submission of a claim, outline, draft, and final 6000-word well-researched and well-argued seminar paper.
4. Editing, revising, and polishing guides posted to TWEN.
Spring 2007 Courses
In the Spring 2007 semester, I will be teaching Law & Medicine on Tuesdays and Thursdays from 8:00 to 9:15 a.m. I will be teaching the Bioethics Seminar on Mondays from 10:00 to 11:50 a.m. While the course syllabi are posted here, all other course materials will be on the course TWEN sites.
Law & Medicine
Course Description:
Health Law can be divided into five subfields: (i) finance and regulation, (ii) public health, (iii) biotechnology, (iv) bioethics, and (v) liability and patient care. This course focuses on several key patient care issue and will also cover some important finance, regulation, and bioethics doctrines and principles.
Recently, a significant body of law, both judicial and statutory, has developed around end of life decision making. This course will address the legal issues engendered by our increasing control over the end of life. In particular, this class will consider: (i) the definition of death; (ii) informed consent; (iii) the refusal and withdrawal of life sustaining interventions by competent patients, (iv) the refusal and withdrawal of life sustaining interventions by incompetent patients through advance directives and surrogates; (v) formal and informal dispute resolution mechamisms, including health care provider liability; (vi) physician assisted suicide; and (vii) medical futility. The course will not cover special issues pertaining to newborns and children.
Required Materials:
1. Marsha Garrison & Carl E. Schneider, The Law of Bioethics: Individual Autonomy and Social Regulation (Thomson-West American Casebook Series 2003) (ISBN 0314252215).
3. The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session; (ii) supplemental readings, including Tennessee-specific materials; and (iii) weekly problems and problem feedback memos.
Bioethics is a two-credit seminar with a strong research and writing emphasis. The course materials will include Eugene Volokh's Academic Legal Writing (2d ed. Foundation 2005) (ISBN 1-58778-792-X). I will select the substantive course materials and post them to TWEN.
In the Fall 2006 semester, I will be teaching both Business Organizations (MWH 8:00 to 8:50) and Health Law (MW 3:00 to 4:15).
While syllabi are posted here, I will post complete course-related documents and information only to the course TWEN pages.
Health Law
Course Description
While health lawis an incredibly broad and growing field, this course surveys most of the major topics in health law, especially those pertaining to patient care, insurance, and some regulation. Topics include: (i) the formation and termination of the treatment relationship; (ii) informed consent; (iii) professional, institutional, and managed care liability, including ERISA preemption; (iv) health care spending, coverage, and reimbursement methods by private insurers, Medicaid, and Medicare; (v) professional and institutional licensure and accreditation; (vi) health care business associations; and (v) medical staff structure and disputes. The course does not directly cover topics in bioethics or public health law.
Required Materials:
1. Hall, Bobinski & Orentlicher, Health Care Law and Ethics (Aspen 2003).
2. Selections from the online course supplement at www.health-law.org
3. Selected readings covering both more recent and Tennessee-specific legal developments.
The course will be supported by a TWEN site. The
TWEN site will include, among other information: (i) the PowerPoint
slides for each class session available before class, (ii) supplemental
readings, (iii) problems and problem feedback memos, and (iv) MP3
podcasts of each class session.
The course provides a general introduction to several forms of business organizations. In the first half of the course, we cover: (i) agency law as it relates to commercial enterprises, (ii) general and limited partnerships, and (iii) limited liability companies. In the second half of the course, we cover select aspects of corporations, including: (i) formation, limited liability, and piercing the veil; (ii) shareholder derivative litigation; (iii) special control problems in close corporations; and especially (iv) director and officer fiduciary duties of care and loyalty.
Required Materials:
1. Klein, Ramseyer & Bainbridge, Business Associations (6th ed. Foundation 2006).
2. Stephen M. Bainbridge, Agency, Partnerships & LLCs (Foundation 2004).
3. Franklin A. Gevurtz, Corporate Law Anthology (Anderson 1997).
4. Relevant Tennessee partnership and corporations code provisions will be posted to the course TWEN site. Other "primary" illustrative materials (such as proxy statements) will also be posted to the course TWEN site.
The course will be supported by a TWEN site. The TWEN site will include, among other information: (i) the PowerPoint slides for each class session available before class, (ii) supplemental readings, (iii) problems and problem feedback memos, and (iv) MP3 podcasts of each class session.