
Nicole Huberfeld
Edward R. Utley Professor of Health Law, BU School of Law and BU School of Public Health
Co-Director, BU Program on Reproductive Justice
BA, University of Pennsylvania
JD, Seton Hall University
Biography
Nicole Huberfeld is Edward R. Utley Professor of Health Law at BU School of Law and School of Public Health, where she is faculty in the Health Law Program and Co-Director of the BU Program on Reproductive Justice. Her research studies the intersection of health law and constitutional law, often focusing on federalism while studying the needs of vulnerable populations in health reform, Medicaid, and reproductive rights. She is co-author of two leading health law casebooks: The Law of American Health Care, with Elizabeth Weeks (University of Georgia School of Law), Kevin Outterson (Austin B. Fletcher Professor of Law, Executive Director of CARB-X), and Matt Lawrence (Associate Professor of Law at Emory School of Law) (3d edition 2023). She also is coauthor of Public Health Law, 3d Ed. (with Mariner, Annas & Ulrich, 2019) (4th edition forthcoming). She has authored many book chapters, national and international law journal articles, peer-reviewed articles, and commentaries, appearing in publications such as Stanford Law Review, Harvard Law & Policy Review, Boston College Law Review, Yale Journal of Health Policy, Law & Ethics, University of Chicago Law Review, Boston University Law Review, University of Pennsylvania Journal of Constitutional Law, U.C. Davis Law Review, Health Affairs, JAMA, and New England Journal of Medicine. Her work has been cited in judicial opinions by the U.S. Supreme Court, lower federal courts, state courts, and federal and state executive agencies. Nicole also serves as Research Director for the Uniform Law Commission’s Joint Editorial Board on Health Law.
She has been interviewed by media such as The Washington Post, New York Times, NPR, Congressional Quarterly, Huffington Post, National Law Journal, Mother Jones, Law 360, Politico, Vice News, Newsweek, Time, The Guardian, The Sunday Times, and Univision.
In 2019, Huberfeld won the Excellence in Teaching Award for teaching in the Core at BU School of Public Health. In 2021, she was nominated for the Melton Teaching Award at BU Law, and in 2022 & 2023 she was nominated for the Petit Teaching Award at BU Law.
Prior to joining the BU faculty, Huberfeld taught courses on constitutional law, health care organizations and finance, bioethical issues in the law, and health law and policy at the University of Kentucky College of Law and College of Medicine. Huberfeld won the College of Law Duncan Teaching Award in 2008. Previously, she taught at Seton Hall University School of Law as well as created and directed the health care compliance certification program at SHU Law. She also practiced health law in New York and New Jersey before entering academia.
- Profile Types
- Faculty, Full-Time Faculty, and Professors & Clinical Instructors
- Areas of Interest
- Constitutional Law, Health Law, and Reproductive Rights and Justice
Publications
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Nicole Huberfeld, Elizabeth McCuskey & Michael Ulrich, The US Presidential Election’s High Stakes for the Future of Medicine JAMA (2024)
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Brief for Amici Curiae Legal Scholars Supporting Respondent
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Nicole Huberfeld, Linda C. McClain & Aziza Ahmed, Rethinking Foundations and Analyzing New Conflicts: Teaching Law after Dobbs 17 Saint Louis University Journal of Health Law & Policy (2024)
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Nicole Huberfeld, Confusion, Chaos, and Conflict in U.S. Law and Health Care after Dobbs 55 ICLEA (2024)
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Nicole Huberfeld, High Stakes, Bad Odds: Health Laws and the Revived Federalism Revolution 57 U.C. Davis Law Review (2023)
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Aziza Ahmed, Nicole Huberfeld & Linda C. McClain, INTRODUCTION: Securing Reproductive Justice After Dobbs 51 Journal of Law, Medicine & Ethics (2023)
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Nicole Huberfeld, Federalism, Leadership, and COVID-19: Evolving Lessons for the Public’s Health (2023)
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Nicole Huberfeld, Private Actions to Protect Medicaid Live to See Another Day 330 JAMA (2023)
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Nicole Huberfeld, Elizabeth Weeks, Kevin Outterson & Matthew B. Lawrence, The Law of American Health Care, Third Edition (2023)
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Nicole Huberfeld, Medicaid, the Supreme Court, and Safe Care for Nursing Home Residents 329 JAMA (2022)
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Nicole Huberfeld, Sarah Gordon & David K. Jones, American Public Health Federalism and the Response to the COVID-19 Pandemic, in COVID-19 in Europe and North America: Policy Responses and Multi-Level Governance (Veronique Molinari and Pierre-Alexandre Beylier,2022)
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Nicole Huberfeld, Medicaid Waivers, Administrative Authority, and the Shadow of Malingering 49 Journal of Law, Medicine & Ethics (2021)
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Nicole Huberfeld, Danielle Pelfrey Duryea & Ruqaiijah Yearby, Disparities in Health Care: The Pandemic’s Lessons for Health Lawyers, in AHLA Health Law Watch (2021)
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Nicole Huberfeld, Health Equity, Federalism, and Cannabis Policy 101 Boston University Law Review (2021)
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Edward Alan Miller, Nicole Huberfeld & David K. Jones, Pursuing Medicaid Block Grants with the Healthy Adult Opportunity Initiative: Dressing Up Old Ideas in New Clothes 46 Journal of Health Politics, Policy and Law (2021)
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Nicole Huberfeld & Paul Shafer, In Its First 100 Days, The Biden Administration Must Restore The Soul Of Medicaid Health Affairs (2021)
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Nicole Huberfeld, A Cross-Cutting Public Law Scholar for the Ages 88 The University of Chicago Law Review (2021)
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Nicole Huberfeld, Sidney Watson & Alison Barkoff, Struggle for the Soul of Medicaid 48 Journal of Law, Medicine & Ethics (2020)
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Nicole Huberfeld & Sidney Watson, Medicaid's Vital Role in Addressing Health and Economic Emergencies, in Assessing Legal Responses to COVID-19 (Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, Nicolas P. Terry,2020)
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Nicole Huberfeld, David Jones & Sarah Gordon, Have the ACA’s Exchanges Succeeded? It’s Complicated 45 Journal of Health Politics, Policy and Law (2020)
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Sarah H. Gordon, Nicole Huberfeld & David K. Jones, What Federalism Means for the US Response to Coronavirus Disease 2019 1 JAMA Health Forum (2020)
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Abbe Gluck & Nicole Huberfeld, Federalism under the ACA: Implementation, Opposition, Entrenchment, in The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (Ezekiel J. Emanuel and Abbe R. Gluck,2020)
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Nicole Huberfeld, Sarah Gordon & David K. Jones, Federalism Complicates the Response to the COVID-19 Health and Economic Crisis: What Can Be Done? 45 Journal of Health Politics, Policy and Law (2020)
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Nicole Huberfeld, Is Medicare for All the Answer? Assessing the Health Reform Gestalt as the ACA Turns 10 20 Houston Journal of Health Law and Policy (2020)
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Nicole Huberfeld, Epilogue: Health Care, Federalism, and Democratic Values 45 American Journal of Law & Medicine (2019)
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Nicole Huberfeld, Stewart v Azar and the Purpose of Medicaid: Work as a Condition of Enrollment 134 Public Health Reports (2019)
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Wendy K. Mariner, George J. Annas, Nicole Huberfeld & Michael Ulrich, Public Health Law, 3rd ed. (2019)
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Nicole Huberfeld, Federalism in Health Care Reform, in Holes in the Safety Net: Federalism and Poverty (Ezra Rosser,2019)
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Nicole Huberfeld, Rural Health, Universality, and Legislative Targeting 12 Harvard Law and Policy Review (2018)
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Nicole Huberfeld, What is Federalism in Health Care for? 70 Stanford Law Review (2018)
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Nicole Huberfeld, Can Work Be Required in the Medicaid Program 378 New England Journal of Medicine (2018)
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Nicole Huberfeld & Abbe Gluck, The New Health Care Federalism on the Ground 15 Indiana Health Law Review (2018)
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Abbe Gluck & Nicole Huberfeld, Health Care Federalism and Next Steps in Health Reform 46 Journal of Law, Medicine & Ethics (2018)
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Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care, 2nd ed. (2018)
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Nicole Huberfeld & Kevin Outterson, Teaching the Law of American Health Care 61 St. Louis University Law Journal (2017)
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Nicole Huberfeld, NFIB v. Sebelius at 5 12 University of St. Thomas Journal of Law and Public Policy (2017)
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Nicole Huberfeld, Health Care and the Myth of Self-Reliance 57 Boston College Law Review (2016)
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Nicole Huberfeld, Instrumental and Transformative Medical Technologies 19 Vanderbilt Journal of Entertainment & Technology Law (2016)
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Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, The Law of American Health Care (2016)
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Nicole Huberfeld, The Supreme Court Ruling That Blocked Providers From Seeking Higher Medicaid Payments Also Undercut The Entire Program 34 Health Affairs (2015)
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Nicole Huberfeld, An Empirical Perspective on Medicaid as Social Insurance 46 University of Toledo Law Review (2015)
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Nicole Huberfeld, The Universality of Medicaid at Fifty 15 Yale Journal of Health Policy, Law and Ethics (2015)
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Nicole Huberfeld, Health Care: Legal Issues, in International Encyclopedia of the Social & Behavioral Sciences, 2nd ed. (James D. Wright,2015)
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Nicole Huberfeld, Medicaid Expansion as Completion of the Great Society 1 University of Illinois Law Review (2014)
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Nicole Huberfeld, Where There is a Right, There Must Be a Remedy (Even in Medicaid) 102 Kentucky Law Journal (2013)
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Nicole Huberfeld, Heed Not the Umpire (Justice Ginsburg Called NFIB) 15 University of Pennsylvania Journal of Constitutional Law (2013)
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Nicole Huberfeld, With Liberty and Access for Some: The ACA's Disconnectfor Women's Health 40 Fordham Urban Law Journal (2013)
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Nicole Huberfeld, Elizabeth Weeks Leonard & Kevin Outterson, Plunging into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius 93 Boston University Law Review (2013)
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Nicole Huberfeld, Reproductive Issues, in Problems in Health Care Law: Challenges for the 21st Century (John E. Steiner, Jr.,2013)
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Nicole Huberfeld, Post-Reform Medicaid before the Court: Discordant Advocacy Reflects Conflicting Attitudes 21 Annals of Health Law (2012)
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Nicole Huberfeld, Federal Spending and Compulsory Maternity, in Feminist Constitutionalism: Global Perspectives (Beverley Baines, Daphne Barak-Erez, and Tsvi Kahana,2012)
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Nicole Huberfeld, The Politics of Medicaid 33 Journal of Legal Medicine (2012) (book review)
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Nicole Huberfeld, Federalizing Medicaid 14 University of Pennsylvania Journal of Constitutional Law (2011)
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Nicole Huberfeld, Conditional Spending and Compulsory Maternity 2010 University of Illinois Law Review (2010)
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Nicole Huberfeld, Clear Notice for Conditions on Spending, Unclear Implications for States in Federal Healthcare Programs 86 North Carolina Law Review (2008)
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Nicole Huberfeld, Bizarre Love Triangle: The Spending Clause, Section 1983, and Medicaid Entitlements 42 UC Davis Law Review (2008)
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Nicole Huberfeld, Tackling the "Evils" of Interlocking Directorates in Healthcare Nonprofits 85 Nebraska Law Review (2007)
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Nicole Huberfeld, Pharma on the Hot Seat 40 Journal of Health Law (2007)
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Nicole Huberfeld, Be Not Afraid of Change: Time to Eliminate the Corporate Practice of Medicine Doctrine 14 Health Matrix: Journal of Law-Medicine (2004)
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Nicole Huberfeld, Quality Control, Enterprise Liability, and Disintermediation in Managed Care 29 Journal of Law, Medicine and Ethics (2001)
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In the Media
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Brookline News April 13, 2025
Brookline Officials Outline Local Public Health Strategy amid Federal Funding Cuts
Nicole Huberfeld is quoted.
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The Guardian April 2, 2025
US Supreme Court Weighs Restricting Medicaid Payments to ‘Defund’ Planned Parenthood
Nicole Huberfeld is quoted.
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Bloomberg Law March 27, 2025
Kennedy’s Health Cuts Seen as Taking Toll on Services, Oversight
Nicole Huberfeld is quoted.
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The Washington Post March 11, 2025
Disabled Americans Risk Losing Protections If States’ Lawsuit Succeeds
Nicole Huberfeld is quoted.
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The Conversation March 3, 2025
GOP Lawmakers Commit to Big Spending Cuts, Putting Medicaid Under a Spotlight – but Trimming the Low-Income Health Insurance Program Would Be Hard
Nicole Huberfeld co-authors an opinion.
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The Daily Free Press March 2, 2025
Boston Joins Nationwide Fight Against NIH Cuts, Citing Threats to Research, Jobs
Nicole Huberfeld is quoted.
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NPR February 25, 2025
From Deportations to Health Care, State Lawmakers Are Key for Much of Trump’s Domestic Agenda
Nicole Huberfeld is quoted.
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The Boston Globe February 21, 2025
‘As Clear a Case of Illegality as There Is’: Mass. Judge to Hear Arguments Today over Trump NIH Cuts
Nicole Huberfeld is quoted.
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CNN
Trump’s Team Is Using Project 2025 as a Blueprint to Make Changes to Federal Health Programs
Nicole Huberfeld, Elizabeth McCuskey, and Michael R. Ulrich's research is mentioned.
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The Guardian February 2, 2025
Wyoming Republicans’ Anti-Abortion Bill Inadvertently Targets Chemotherapy and Surgeries
Nicole Huberfeld is quoted.
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Bloomberg Law January 28, 2025
Family Planning, HIV Funding Face Uncertainty Under Trump Pause
Nicole Huberfeld is quoted.
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Yahoo! News January 21, 2025
Trump Signals Gender Overhaul While Health Policy Changes Wait
Nicole Huberfeld is quoted.
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JAMA Network January 13, 2025
United States v Skrmetti—Testing the Transition to Politicized Regulation of Medicine
Nicole Huberfeld and Michael R. Ulrich pen an opinion.
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Metro West Daily News December 30, 2024
Despite Trump’s Return, Advocates Say Mass. Will Remain Oasis for Abortion Rights
Nicole Huberfeld is quoted.
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Bloomberg Tax December 5, 2024
High Court Argument Promotes Targeted Limits on Transgender Care
Nicole Huberfeld is quoted.
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Stories from The Record
Activities & Engagements
No upcoming activities or engagements.
A Review of the State and National Landscape on Reproductive Rights
Get DetailsBWLC Symposium: The Collateral Damage of Dobbs on Women’s Health: Beyond Abortion Care
Get DetailsSeton Hall Legislative Journal Symposium on the Affordable Care Act
Get Details2nd Annual Legislation Watch
Get DetailsA Review of the State and National Landscape on Reproductive Rights
Get DetailsAbortion and Reproductive Freedom in Massachusetts: What’s Done, What Now, and What’s Next
Get DetailsAdvancing Pregnant Persons’ Right to Life Symposium
Get DetailsAALS Annual Meeting
Get DetailsCourses
Health Law, Bioethics, and Human Rights: SPH LW 840
Graduate Prerequisites: SPH PH719 or consent of instructor. - Health law, bioethics, and human rights converge within the field of public health at the national and international levels. This seminar explores the theoretical meaning of this convergence, engages the sources of authority for human rights, and uses case studies to examine how public health advocates can be effective in the realms of social justice and equity. Examples include the U.S. legal and various international standards creating a "right to health;" economic rights and the importance of money in health care; reproductive rights and technologies; standards for medical research and informed consent; and framing the end of life as a public health or a human rights issue.
FALL 2024: SPH LW 840 A1 , Sep 3rd to Dec 17th 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Wed | 10:00 am | 12:50 pm | 4 | Nicole Huberfeld | INS | 203 |
Health Systems, Law, and Policy: SPH PH 719
This is a course about who gets what health services, when and how. Policies and laws governing what services are available and on what terms strongly influence health status at both the individual and population levels. This course examines the Constitutional, regulatory, political and socio-economic bases for the policies that determine access, quality, cost and equity in health services and population health programs. While the focus is principally on US examples, the course is structured on the World Health Organization's framework for organizing and analyzing national health systems, covering governance, financing, delivery systems, workforce, and human and other resources. The course combines intensive individual preparation for each class using both written and video materials, interactive class presentations and hands-on individual and group projects in laboratory sessions.
FALL 2024: SPH PH 719 A1 , Sep 3rd to Dec 17th 2024Days | Start | End | Credits | Instructors | Bldg | Room |
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Tue | 10:00 am | 12:50 pm | 4 | Nicole Huberfeld | INS | 112 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Thu | 10:00 am | 12:50 pm | 4 | George J. Annas | INS | 112 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Mon | 2:00 pm | 4:50 pm | 4 | McCuskey | INS | 112 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Wed | 2:00 pm | 4:50 pm | 4 | Callaghan | INS | 112 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Thu | 6:00 pm | 8:50 pm | 4 | Ulrich | INS | 112 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Mon | 7:00 pm | 8:20 pm | 4 | Densberger |
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Wed | 2:00 pm | 4:50 pm | 4 | McCuskey | EVN | EB43 |
Days | Start | End | Credits | Instructors | Bldg | Room |
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Thu | 7:00 pm | 8:20 pm | 4 | Densberger |
PUBLIC HEALTH LAW: LAW JD 926
Public health seeks to prevent unnecessary illness, injury, and death, which law can either facilitate or thwart. The field is transforming from state programs that prevent disease in populations (e.g., vaccination, newborn screening) to federal and international efforts to broadly recognize a population and individual "right to health." This course explores contemporary examples of public health problems such as disasters and emergencies, firearms regulation, regulating commercial speech to prevent consumer deception, and reproductive health. The course offers a framework for identifying and controlling health risks drawing on principles and theories of law, assessment of risk, policy evaluation, and empirical evidence. We will consider how laws at the state and federal levels regulate personal behaviors and products as well as impact the underlying determinants of health. Students will analyze different legal strategies that can be used to guide public health such as governmental nudges through funding, criminal and civil prohibitions, data collection and privacy, marketing restrictions, and taxation. GRADING NOTICE: This course does not offer the CR/NC/H option.
SPRG 2025: LAW JD 926 A1 , Jan 13th to Apr 23rd 2025Days | Start | End | Credits | Instructors | Bldg | Room |
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Tue,Thu | 2:15 pm | 3:40 pm | 3 | Nicole Huberfeld | LAW | 209 |