Annual Health Law Symposium: Public Health Law in the Era of Alternative Facts, Isolationism, and the One Percent
Friday, April 6, 2018 - 9:00am to 4:00pm
John K. Pruellage Courtroom
Broad shifts in U.S. policy under President Trump affect population health well beyond the repeal of the ACA's tax-penalty. How do we pursue population health in a political regime suspect of or even hostile to scientific evidence? In an environment that accommodates racial and economic disparities, is health equity possible? Join us as we explore these and other questions at SLU LAW's 30th Annual Health Law Symposium.
Missouri CLE available.
Topics will cover:
- Addictions: Smoking, Drinking and ...
- Health Care Beyond the One Percent: Insurance and Payment Systems in Public Health
- Vulnerable Populations: Stigmatized, Marginalized and Politically Disenfranchised
- Regulation and Collaboration and Growing Isolationism
8:30 a.m. - 9 a.m. //REGISTRATION
9 a.m. - 9:10 a.m. //WELCOME
Rob Gatter, J.D.
Professor of Law, SLU LAW
Director, Center for Health Law Studies
9:10 a.m. - 10:25 a.m. //SESSION ONE
"Securing Science in Health Law"
Robert Gatter, Professor of Law, SLU LAW, Director, Center for Health Law Studies
“You want me to do what? Interprofessional Collaboration as a Public Health Policy Advocacy Tool in the Current Political Environment”
Heather A. McCabe, Assistant Professor, Indiana University School of Social Work
"Stroke of the Pen. Law of the Land. Kinda Cool.”
Elizabeth Van Nostrand, Assistant Professor, Department of Health Policy and Management, University of Pittsburgh School of Public Health
10:25 a.m. - 10:40 a.m. //BREAK
10:40 a.m. - 11:40 a.m. //SESSION TWO
“Harming Public Health in the Undoing of Medicaid”
Laura Hermer, Professor of Law, Mitchell Hamline School of Law
“Health Justice in the Age of Alternative Facts and Tax Cuts: Medicaid Reform, Value-Based Care and the Social Determinants of Health”
Elizabeth Tobin-Tyler, Assistant Professor, Brown University, Alpert Medical School and School of Public Health
11:40 a.m. - 1:00 p.m. //BREAK FOR LUNCH
1:00 p.m. - 2:25 p.m. //SESSION THREE
"What Do You Have to Lose? Everything! The Health Care Plight of Blacks and Latinos in Trump’s America”
Kimberly Cogdell Grainge, Professor of Law, North Carolina Central University School of Law
“One-Percent ‘Answers’ to 99-Percent Concerns: How the Trump Administration's ‘Math’ Challenges a Health in All Policies’ Approach”
Amy T. Campbell, Associate Professor of Law, The University of Memphis, Cecil C. Humphreys School of Law
"The Context of Justifiable Homicides: Examining Fatal Interactions between Police and Men of Color”
Keon L. Gilbert, DrPH, Associate Professor, Behavioral Science and Health Education, SLU College for Public Health and Social Justice
2:25 p.m. - 2:40 p.m. //BREAK
2:40 p.m. - 3:40 p.m. //SESSION FOUR
"Dark and Stormy: Reflections on Alcohol Public Health Policies and Practices in the Trump Era”
Sarah Davis, Clinical Associate Professor, University of Wisconsin Law School
"Is the End of Smoking in Sight?: Tobacco Control in the Trump Years and Beyond”
Micah Berman, Associate Professor, The Ohio State University Moritz College of Law and College of Public Health
3:40 p.m. //ADJOURN
MICAH BERMAN, J.D.
Associate Professor of Public Health and Law
The Ohio State University Moritz College of Law and the College of Public Health
Professor Micah Berman holds a joint appointment with The Ohio State University Moritz College of Law and the College of Public Health. His scholarship examines the intersection between public health research and legal doctrine, with a focus on tobacco policy. He has published articles in a number of leading journals, including the American Journal of Law & Medicine, the Brooklyn Law Review, and the American Journal of Public Health.
Prior to joining Ohio State, Professor Berman was a member of the faculty at New England Law | Boston, where he established and directed the Center for Public Health and Tobacco Policy. Under his leadership, the Center developed innovative model ordinances and provided policy support to state and local public health programs. Previously, he taught at Capital University Law School and directed the Ohio Tobacco Public Policy Center.
Professor Berman has also been engaged in public health policy development at the federal level. He has served as an advisor to the Food and Drug Administration’s Center for Tobacco Products and as a member of the National Institutes of Health’s Council of Public Representatives.
Before entering academia, Professor Berman was a trial attorney with the U.S. Department of Justice’s Antitrust Division and an associate with the law firm Stinson Morrison Hecker LLP.
AMY T. CAMPBELL, J.D., MBE
Associate Professor of Law, The University of Memphis Cecil C. Humphreys School of Law
Amy Campbell is Associate Professor of Law and Director of the Institute for Health Law & Policy at the University of Memphis Cecil C. Humphreys School of Law. She also serves as faculty coordinator of the University of Memphis Institute for Interdisciplinary Memphis Partnerships to Advance Community Transformation for Children (iIMPACT), a collective impact initiative of the University to address childhood trauma. Professional service includes membership on the Executive Committee of the Health Law Section of the Tennessee Bar Association and the Board of the Memphis Bar Association’s Health Law Section. Additionally, she is a member of the International Scientific Committee, International Academy of Law & Mental Health; and is consultant to the Advocacy Committee, Society for Adolescent Health and Medicine.
At Memphis Law, Prof. Campbell teaches several courses, including Mental Health Law, Health Law Seminar (with a public health focus), and an interdisciplinary Health Policy Practicum (which she created, the first of its kind at the Law School). She is also developing, and will lead, a new Health Law Externship course/seminar. She also has taught the introductory Health Law course and Public Health Law. Prior faculty experience in academic medical settings includes teaching ethics to medical, nursing, health professional and Ph.D. basic science students, and health policy to an interdisciplinary mix of professional students. Her scholarly interests include: how to develop health policy from a therapeutic, evidence-informed, and ethical perspective, and how best to translate evidence into policy; how law is used to change individual and population behavior; and how better to meet legal training needs of a diverse set of professional trainees focused on health (including via innovative interdisciplinary law-health professional student approaches). Specific areas of interest include child and adolescent health and mental health (with an emerging focus on applying insights from Adverse Childhood Experiences (ACEs) research to policymaking and policy implementation), and public health (with a current focus on the role of policy in addressing the social determinants of health).
Professor Campbell received her law degree from Yale Law School, her Master's in Bioethics from the University of Pennsylvania, and her Bachelor of Arts degree from the University of Notre Dame (summa cum laude).
KIMBERLY COGDELL GRAINGE, J.D., M.P.H.
Professor of Law, North Carolina Central University School of Law
Kimberly Cogdell Grainger received a Bachelor of Science in Molecular Biology from Hampton University. She received her Juris Doctor and Master of Public Health specializing in Health Policy and Administration from the University of North Carolina at Chapel Hill.
Professor Cogdell teaches: Torts, Health Law, Wills and Estates and Immigration Law. Her research interests include health care reform, emerging issues in immigration law, the use of DNA as scientific evidence and the intersection between law, health, science and race. She is a former Robert Wood Johnson Foundation Fellow in Public Health Law and has also participated in the BRIDGES Women in Academic Leadership Fellowship.
An avid user of technology, Professor Cogdell uses technology both inside and outside of the classroom to facilitate teaching and learning. During the summer of 2017, Professor Cogdell hosted an online free legal workshop on immigration basics through the Virtual Justice Program. She conducted the workshop in Spanish and English to provide information to the local community with assistance from the Immigration Law and Social Justice Project. Professor Cogdell also teaches online classes in the Justice in the Practice of Law Certificate Program. She enjoys teaching the online seminar course she created, Public Health Law and Vulnerable Populations. In her teaching, she incorporates various pedagogical techniques to reach multiple learning styles such as: flipping the classroom, formative assessments, and experiential learning.
Professor Cogdell is active in the local community and in the university. She regularly conducts pro bono legal work related to immigration, insurance, and basic estate planning. She has served as the IRB Chair for the university as well as the Faculty Senate Chair. In the law school, she has served as Coordinator for Distance Education, Director of an academic institute, Faculty Advisor for a scholarly journal, and Director of a study abroad program to Costa Rica. Currently, Professor Cogdell is the Secretary of the Faculty Assembly for the UNC System.
SARAH DAVIS, J.D., M.P.A.
Clinical Associate Professor, University of Wisconsin Law School
Sarah Davis is Clinical Associate Professor of Law and Associate Director of the interdisciplinary Center for Patient Partnerships at the University of Wisconsin (housed at the Law School) where she teaches about patient advocacy, health and public health law, including in the service-learning program as supervising attorney. Areas of interest include health professionals' advocacy roles, engaging patients in quality improvement and policy-making, building professionals' resiliency skills, and medical and legal curriculum transformation.
Ms. Davis was a Robert Wood Johnson Foundation Faculty Fellow in the Future of Public Health Law Program (2014-15). As a RWJF faculty fellow, she piloted a practice-based elearning course to complement public health law externships in local and remote locations. It is described in her article: Educating the New Public Health Law Professional. Journal of Law, Medicine & Ethics 44, no. 1, Supp. (2016). She serves as the Legal Advisor for the Wisconsin Alcohol Policy Project.
Her current scholarship includes developing an intervention to address health-harming legal issues in health clinics, and identifying dissemination and implementation barriers to engaging patients in continuous learning as part of health system quality improvement initiatives. She also recently completed a study of law students' mindsets and the role it plays in professional development and well-being, to be published this Spring in Law & Psychology Review.
Publications include: Implementation Science Workshop: Engaging patients in Team-Based Practice Redesign-Critical Reflections on Program Design. Journal of General Internal Medicine, 2016:1-8; and The Affordable Care Act's Plan for Consumer Assistance With Insurance Moves States Forward But Remains A Work In Progress, Health Affairs, 32, no.2 (2013): 347-356.
KELLY K. DINEEN, RN, J.D., Ph.D. - Moderator
Assistant Professor, Creighton University School of Law, Director, Health Law Program
Kelly K. Dineen is the director of the health law program at Creighton University School of Law and an Assistant Professor of Law. She holds a Ph.D., with distinction, in health care ethics from Saint Louis University, as well as a J.D., with a concentration in health care law. Professor Dineen practiced nursing for over a decade before attending law school, first in a neurosurgical and abdominal transplant intensive care unit and then in a functional neurosurgery practice primarily caring for patients with movement disorders and high impact chronic pain. After law school, Professor Dineen practiced health care law, representing providers and organizations in matters ranging from administrative appeals to licensure issues to fraud and abuse concerns. In academia, she served as the Assistant Director for the nation's top health law program at Saint Louis University. She also served as the Assistant Dean for Academic Affairs at Saint Louis University School of Law as well as a faculty member in health law and ethics, teaching bioethics and the law and drug and device law. Professor Dineen has served on multiple hospital ethics committees, Institutional Review Boards, and Conflicts of Interest in Research committees. Her research is highly interdisciplinary and focuses on the impact of decision making by law makers, policy makers, and providers on health care quality. Currently she is working on issues around opioid and drug policy as well as the impact of decision making on patients with highly stigmatized conditions; especially pain, substance use disorder (addiction), and serious mental illness. Her work has been published in leading health law journals, such as the American Journal of Law & Medicine, the Journal of Law, Medicine & Ethics, and the Houston Journal of Health Law & Policy. Professor Dineen has been quoted by media outlets, including the Washington Post, the Associated Press, Vice.com, and NPR.
ROBERT GATTER, J.D., M.A.
Professor of Law, SLU LAW, Director, Center for Health Law Studies
Rob Gatter is the director of the Center for Health Law Studies, which is home to one of the nation’s premiere health law programs. Professor Gatter has expertise in a variety of health law topics including public health law, informed consent law, end-of-life decisions, conflicts of interest, and theoretical descriptions of health law. His work has been published by Emory Law Journal, Boston University Law Review, Notre Dame Law Review, Wake Forest Law Review and others. Additionally, he has organized symposia on “Pandemic Preparedness” and on “Dual-Use Research Regulation” that were each published as issues of the Saint Louis University Journal of Health Law and Policy.
Professor Gatter teaches Health Care Law, Public Health Law, Administrative Law, and a seminar in Theories of Health Law among other courses. Saint Louis University recognized his teaching with a “Faculty Excellence Award” in 2012.
Professor Gatter was named one of ten national fellows for 2014-2015 in the “Future of Public Health Law Teaching” program underwritten by the Robert Wood Johnson Foundation. As part of that program, he is incorporating population health outcomes research into SLU’s public health law curriculum through both lectures and a Public Health Law Research Lab that will go live in the 2015-2016 academic year.
While at Saint Louis University School of Law, Professor Gatter developed and implemented the school’s “Health Law Semester in Washington DC” program through which experienced law students earn a semester of credit while working full-time in a federal agency doing supervised health law work. Additionally, he worked with the University’s Center for Outcomes Research to create the nation’s first dual-degree program in law and health outcomes research.
Prior to joining the faculty at Saint Louis University, Professor Gatter was on the faculty at Penn State University’s Dickinson School of Law where he also served as Associate Dean for Academic Affairs. Early in his academic career, he was a bioethics fellow at the University of Minnesota and taught at the Chicago-Kent College of Law. Additionally, he practiced in health law and commercial litigation in Denver, Colorado.
KEON L. GILBERT, DrPH, M.A., M.P.A.
Associate Professor, Behavioral Science and Health Education, SLU College for Public Health
Dr. Gilbert is an Associate Professor in Behavioral Science and Health Education at Saint Louis University College for Public Health & Social Justice. Dr. Gilbert’s key research interests include, social capital, health disparities, African American Men’s health, and interventions to prevent chronic diseases by: developing diverse partnerships to build community capacity to sustain health initiatives; understanding the effects of racism at individual-and-community-levels, and the various systems that reinforce racist ideologies; understanding the cultural relevance to health promotion and disease prevention; and promoting the development and enhancement of social networks to improve health behaviors.
Dr. Gilbert’s work draws on inter-disciplinary training in Biology, African American Studies, Public Affairs and Public Health to investigate the intersection of racial identity, racial socialization, and structural racism as an important, yet unexplored, social determinant of African American male’s health across the life-course. Part of understanding this intersection is to understand cultural and structural changes within African American communities over time and to better understand the opportunities and limitations of male’s participation in formal organizations, social networks and systems of social support where they live, work and play
Dr. Gilbert currently teaches an introduction to Behavioral Science and Eliminating Health Disparities. He serves as a Research Fellow at the UNC Center for Health Promotion and Disease Prevention. He is a member of the American Public Health Association and the Society for Public Health Education. He holds leadership positions on the City of St. Louis Department of Health’s Joint Boards of Health and Hospitals, Society for Public Health Education Board of Trustees, and Faith Communities United.
Dr. Gilbert received his DrPH from the University of Pittsburgh, his M.P.A. and M.A. in African American Studies from Indiana University, and his B.A. from Wabash College.
LAURA HERMER, J.D., LL.M.
Professor of Law, Mitchell Hamline School of Law
Laura Hermer is a professor of law at Mitchell Hamline School of Law in St. Paul, Minn. Her current research focuses on changes in access to health coverage and care under the Affordable Care Act, with a particular focus on underserved populations. She also recently created, and obtained funding for, a medical-legal partnership and associated coursework between the law school and United Family Medicine, a federally-qualified health center in St. Paul, in part through the support of a fellowship funded by the Robert Wood Johnson Foundation.
Prior to her appointment at Mitchell Hamline, Hermer was an assistant professor in the Department of Preventive Medicine and Community Health and a member of the Institute for the Medical Humanities at the University of Texas Medical Branch in Galveston, Texas.
HEATHER A. MCCABE, M.S.W., J.D.
Assistant Professor, Indiana University School of Social Work
Heather McCabe practiced Social Work at Riley Hospital for Children before entering law school. After graduation, she was Executive Director of the Indiana Partnership to Prevent Violent Injury and Death, a public health research project at the Indiana University School of Medicine, Clarian Health, and Indiana University Robert H. McKinney School of Law. She served as the Executive Director of the Indiana University Robert H. McKinney School of Law William S. and Christine S. Hall Center for Law and Health until 2009, when she joined the faculty of the Indiana University School of Social Work. Her primary areas of interest are public health law, violent injury prevention and research, and work with children with developmental disabilities and/or medical fragility.
ELIZABETH MCCUSKEY, J.D. - Moderator
Associate Professor of Law, The University of Toledo College of Law
Associate Professor Liz McCuskey joined the faculty in 2012. She coordinated the Health Law Concentration and co-directs the University’s JD/MD and JD/MPH joint-degree programs. Professor McCuskey teaches Civil Procedure, Jurisdiction, Health Law, and Food & Drug Law. Her research interests lie at the intersection of health law, civil justice, and jurisprudence. She was selected as a 2016 Health Law Scholar by the American Society for Law, Medicine, & Ethics and Saint Louis University Center for Health Law Studies.
Before entering academia Professor McCuskey practiced law with Drinker Biddle & Reath LLP in Philadelphia, where she litigated antitrust, appellate, and attorney-general fraud cases for a range of health care clients. Professor McCuskey also managed a public benefits clinic with Philadelphia Leal Assistance and interned with Chief Judge David Faber on the United States District Court for the Southern District of West Virginia. She currently serves on the Advisory Group to the United States District Court for the Northern district of Ohio.
Professor McCuskey earned her bachelor’s and law degrees from the University of Pennsylvania, where she was a Arthur Littleton and H. Clayton Louderback Legal Writing Instructor.
ELIZABETH PENDO, J.D. – Moderator
Joseph H. Simeone Professor of Law, SLU LAW Center for Health Law Studies
Elizabeth Pendo is the Joseph J. Simeone Professor of Law at Saint Louis University School of Law and previously served as Vice Dean for five years. She has a secondary appointment as Professor of Health Management and Policy at Saint Louis University School of Public Health, and is a member of the Center for Health Law Studies and the William C. Wefel Center for Employment Law at the School of Law. She teaches courses in Disability Law, Bioethics and Civil Procedure and has lectured on bioethics, health law and disability issues at SLU’s Department of Medicine, Department of Health Care Ethics and the College of Education and Public Service.
Professor Pendo is a nationally recognized expert in disability law and health care law. Her scholarship focuses on the difference disability makes in places in our society such as the health care system and the workplace, with a particular interest in legal and social meanings of disability. She published a series of articles exposing inaccessible medical equipment as a barrier to care, including Reducing Disparities through Health Care Reform: Disability and Accessible Medical Equipment, 4 Utah L. Rev. 1057 (2010) and Disability, Equipment Barriers and Women’s Health: Using the ADA to Provide Meaningful Access, 2 St. Louis Univ. J. Health L. & Pol’y 15 (2008). Other projects include civil rights and health care reform approaches to health disparities for people with disabilities; models of disability and their impact on health care; public right-of-way and accessibility issues in the City of Saint Louis; and genetic testing in the workplace, and its intersections with classifications based on gender, race, class and disability.
Professor Pendo has published with a number of law journals and peer-reviewed journals across the country, and frequently submits testimony and comment to federal agencies and legislatures on issues relating to her work.
She is an elected member of the American Law Institute, and the recipient of the YWCA Leadership Award, and the Women’s Justice Legal Scholar Award awarded to women faculty members or administrators who fulfill the ideals of the legal profession through their own work with the justice system, through their research or scholarship, or through teaching and inspiring others. She is also the first recipient of the University Student Government Association Faculty Excellence Award for Diversity and Social Justice.
ELIZABETH TOBIN-TYLER, J.D., M.A.
Assistant Professor, Brown University, Alpert Medical School and School of Public Health
Elizabeth Tobin-Tyler, J.D., M.A., is Assistant Professor of Family Medicine at the Alpert Medical School and of Health Services, Policy and Practice at the Brown University School of Public Health. She is Co-Director of the Health Systems Science curriculum at the Alpert Medical School. She teaches in the areas of health policy, health equity and public health law and ethics. Her research focuses on the role of law and policy in the social determinants of health, community-based and health system interventions that address health disparities, and interprofessional medical-legal education.
Ms. Tobin Tyler is a national expert in the development of medical-legal partnerships, which integrate medicine, public health and legal services to identify, address and prevent health-harming social and legal needs of patients, clinics and populations. She is senior editor and a contributor to the first textbook on the topic, Poverty, Health and Law: Readings and Cases for Medical-Legal Partnership, published in 2011. In 2013, she was awarded the Distinguished Advocate award by the National Center for Medical-Legal Partnership for her work in promoting the medical-legal partnership model and for developing interprofessional medical-legal education. In 2014, Ms. Tobin Tyler was selected as a Robert Wood Johnson Foundation Future of Public Health Law Education Faculty Fellow.
ELIZABETH VAN NOSTRAND, J.D.
Assistant Professor, Department of Health Policy Management, University of Pittsburgh School of Public Health
Elizabeth Van Nostrand is an Assistant Professor in the Department of Health Policy and Management at Pitt Public Health, an Adjunct Professor in the University of Pittsburgh's School of Law, and the Director of the JD/MPH program. She currently teaches Public Health Law and Ethics in both schools as well as Law in Public Health Practice - an interdisciplinary, practice-based class. Her recent and current projects include researching the public health system with respect to emergency preparedness and response, integrating traditional legal analysis with social networking principles, analyzing hydraulic fracturing and its impact on the aquifer, co-authoring the Pennsylvania Public Health Law Bench Book, and investigating laws governing infectious diseases outbreaks as part of the MIDAS National Center of Excellence. Previously, she was an attorney specializing in litigation with the United States Department of Agriculture in Washington, DC, with Thompson & Knight in Dallas, Texas, and with several small law firms in New Orleans, Louisiana. She is an active member of the Louisiana Bar.
SIDNEY WATSON, J.D. - Moderator
Jane and Bruce Robert Professor of Law, SLU LAW Center for Health Law Studies
Professor Watson is a specialist in health law and health care access for the poor. She has spent her legal career advocating on behalf of low-income people, both as a legal services lawyer and as a law professor.
Currently, Professor Watson is advocating for better access to quality, affordable health insurance and health care by serving as policy and legal advisor for a statewide coalition of grassroots consumer health advocates. She has received funding from the Missouri Foundation for Health to support this work and the school’s Grassroots Health Law, Policy and Advocacy course that allows students to do grassroots health policy work on behalf of consumers.
Professor Watson joined the School of Law in 2001 as a full professor. Previously, she was on the faculty at Mercer University School of Law, where she taught for 14 years. Watson has been a visiting scholar and professor at Seton Hall University School of Law and Saint Louis University School of Law. She is on the faculty of the School’s Center for Health Law Studies and is the Jane and Bruce Robert Professor of Law.
Professor Watson is a frequent speaker to consumer, disabilities rights and children’s groups about the Affordable Care Act, Medicaid and access to care. She has written more than 50 law review and other scholarly articles on racial and ethnic disparities in health care, health reform, Medicaid, and health care for those who are homeless. She is editor of the book, Representing the Poor and Homeless: Innovations in Advocacy. She also authored the book, An Advocate’s Guide to Missouri MC+/Medicaid for People with Disabilities and three editions of the book, A Georgia Advocate’s Guide to Health Care.
Professor Watson was named Jay Healey Health Law Professor of the year in 2012. She has also received the Equal Justice Award from Legal Services of Eastern Missouri, for outstanding public service on health care issues impacting the low-income community. She was Co-Counsel for Amicus before the U.S. Supreme Court in N.F.I.B v Sibelius, co-drafting a brief in support of the constitutionality of the Affordable Care Act’s Medicaid expansion. She was also co-counsel for plaintiffs in Lankford, et al., v Sherman, a successful challenge to the State of Missouri policy eliminating Medicaid coverage for medical equipment and supplies for adult Medicaid beneficiaries. She is a former member of the Rural Research Policy Institute Health Panel and a former member of the ABA Commission on Homelessness and Poverty.