Justices Take Cases on Free Speech at Pregnancy Centers and Polling Places

New York Times, November 13, 2017
by Adam Liptak

WASHINGTON — The Supreme Court on Monday agreed to hear two cases on the limits of the First Amendment’s protection of free speech. One asks whether California may require “crisis pregnancy… Read More

Germany Must Allow Third Gender Category, Court Rules

New York Times, November 9, 2017
by Melissa Bennett and Jessica Eddy

BERLIN — Germany must create a third gender category for people who do not identify as either male or female or were born with ambiguous sexual traits, the country’s constitutional court ruled… Read More

MIT Case Before Mass. High Court Examines Colleges’ Liability For Student Suicides

WBUR (NPR Boston), November 7, 2017
by Lynn Jolicoeur

The Massachusetts Supreme Judicial Court heard oral arguments Tuesday in a case that centers on whether colleges and universities can be held responsible for a student's suicide. The family… Read More

ORDER NOW & GET 20% OFF! Law, Religion, and Health in the United States

Cambridge University Press, July 2017
by Holly Fernandez Lynch (Executive Director), I. Glenn Cohen (Faculty Director), and Elizabeth Sepper

About the Book: While the law can create conflict between religion and health, it can also facilitate religious accommodation and protection of conscience. Finding this balance is critical to addressing… Read More

Second Chance Kids

Frontline, PBS, May 2, 2017
by Featuring Robert Kinscherff (Senior Fellow in Law and Applied Neuroscience)

On May 2, 2017, PBS's Frontline aired "Second Chance Kids," an exploration of the fight over the fate of juveniles in prison for murder, following a landmark Supreme Court ruling. Robert… Read More

How Donald Trump’s Health Secretary Pick Endangers Women

New York Times, December 28, 2016
by Allison K. Hoffman (Academic Fellow Alumna) and Jill R. Horwitz

LOS ANGELES — With the selection of Representative Tom Price as secretary of health and human services, President-elect Donald J. Trump has taken a giant step toward undermining the health… Read More

Religion, Medicine, and Law: Can Current Conflicts Be Healed?

Center for Bioethics, Harvard Medical School, November 3, 2016, 4:30 - 6pm

2016 George W. Gay Lecture Religion, Medicine, and Law: Can Current Conflicts Be Healed? Martha Minow Morgan and Helen Chu Dean and Professor of Law at Harvard Law School   Thursday, November 3, 2016,… Read More

Regulating Off-Label Promotion — A Critical Test

NEJM, November 2, 2016
by Christopher Robertson, JD, PhD (Academic Fellow Alumnus) and Aaron S. Kesselheim, MD, JD, MPH (Faculty Affiliate)

Petrie-Flom Academic Alumnus Christopher T. Robertson and Faculty Affiliate Aaron S. Kesselheim have coauthored a new Perspective article in NEJM on recent judicial decisions regarding… Read More

Harvard Medical Ethicists Challenge Court Ruling on Lethal Injection in Alabama Case

FOR IMMEDIATE RELEASE Media Contacts: Ekaterina Pesheva Director, Science Communications and Media Relations 617.432.0441 ekaterina_pesheva@hms.harvard.edu   HARVARD MEDICAL ETHICISTS CHALLENGE COURT… Read More

Bioethics: The Law, Medicine, and Ethics of Reproductive Technologies and Genetics

Petrie-Flom Center, Course begins September 6, 2016. Register now!

Bioethics: The Law, Medicine, and Ethics of Reproductive Technologies and Genetics An introduction to the study of bioethics and the application of legal and ethical reasoning. Course begins on September… Read More

New EdX Course: Bioethics: The Law, Medicine, and Ethics of Reproductive Technologies and Genetics
Taught by Petrie-Flom Faculty Director Glenn Cohen

Deadline: September 06, 2016

About this course Bioethics provides an overview of the legal, medical, and ethical questions around reproduction and human genetics and how to apply legal reasoning to these questions. This law course… Read More

Bosses in the Bedroom

In Law, Religion, and Health in the United States (Holly Fernandez Lynch, I. Glenn Cohen, Elizabeth Sepper, eds.), forthcoming 2017, Cambridge University Press, Published online July 5, 2016
by Holly Fernandez Lynch (Executive Director) and Gregory Curfman

Abstract: This chapter uses the controversy over mandated contraceptive coverage in employer health plans as a jumping-off point to do two things: (1) evaluate the proper scope of religion in the workplace—not… Read More

Contrived Threats v. Uncontrived Warnings

83 University of Chicago Law Review 503, 2016
by Einer Elhauge (Founding Faculty Director)

Abstract: Contractual duress, unconstitutional conditions, and blackmail have long been puzzling. The puzzle is why these doctrines sometimes condemn threatening lawful action to induce agreements… Read More

Resolving Reverse-Payment Settlements with the Smoking Gun of Stock Price Movements

81 Iowa Law Review 1581, 2016
by Thomas G. McGuire, Keith Drake, Einer Elhauge (Founding Faculty Director), Raymond S. Hartman, Martha Starr

Abstract: The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder’s… Read More

Scalia’s death shakes contraception mandate, other high-profile court cases

Washington Times, February 15, 2016
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Legal analysts it’s not unusual to have different legal treatment from one area to the next. “States do things differently all the time,” said Holly Lynch, a bioethics analyst at… Read More

Scholars Discuss Role of Neuroscience in Youth Criminal Justice

Harvard Crimson, September 29, 2015
by Jonah S. Lefkoe

Check out the Harvard Crimson's summary of our first event of the year, "From Trouble Teens to Tsarnaev: Promises and Perils of Adolescent Neuroscience and the Law."  This event was part… Read More

Big Data, Patents, and the Future of Medicine

Cardozo Law Review, Forthcoming , September 13, 2015
by W. Nicholson Price II (Academic Fellow Alumnus)

Abstract:  Big data has tremendous potential to improve health care. Unfortunately, intellectual property law isn’t ready to support that leap. In the next wave of data-driven medicine, black-box… Read More

With The ACA Secure, It’s Time To Focus On Social Determinants

Health Affairs Blog, July 21, 2015
by Lauren Taylor (Student Fellow alumna) and Elizabeth Bradley

From the article:  While Medicaid expansion remains a dream for Americans in many states, the integrity of both the state and federal marketplaces for insurance remained intact following the June… Read More

Religious nonprofits not losing faith after latest failed Obamacare birth control mandate appeal

The Washington Times, July 2, 2015
by Tom Howell Jr., quoting Holly F. Lynch (Executive Director)

From the article:  [...] Wednesday’s opinion against Wheaton came nine days after the Fifth Circuit turned back Baptist universities in Texas who objected to the mandate. “Four circuits… Read More

Happy about the Supreme Court’s ACA decision? Thank a law professor

The Conversation, June 26, 2015
by Rachel Sachs (Academic Fellow)

From the post:  The core of the Affordable Care Act (ACA) has now survived its second trip to the Supreme Court. Chief Justice John Roberts wrote for the majority in King v Burwell, holding that… Read More

Supreme Court Decision in King v. Burwell (2015)

by Supreme Court of the United States

Read the Supreme Court's 2015 decision upholding the Constitutionality of federal insurance exchanges under the Affordable Care Act. Read More

Innovation Law and Policy

U. C. Davis Law Review, Forthcoming 2016
by Rachel E. Sachs

Academic Fellow Rachel E. Sachs has a new article forthcoming in 2016 on law and the future of personalized medicine. From the article: Personalized medicine is the future of health care, and as such incentives… Read More

Visiting Scholar Lydia Stewart Ferreira Elected to Ontario Deputy Judges

Petrie-Flom Center, April 1, 2015

Visiting Scholar Lydia Stewart Ferreira and Deputy Judge with Ontario's Superior Court of Justice has been elected to the Ontario Deputy Judges Association (ODJA) Board of Directors.… Read More

Opening shots fired in Obamacare Supreme Court battle

The Washington Times, March 3, 2015
by Tom Howell Jr., quoting Matthew Lawrence (Academic Fellow)

From the article: Congressman Paul Ryan and other influential Republicans sketched out plans Tuesday for how they'd deal with a Supreme Court ruling that cancels Obamacare's subsidies in many of… Read More

Identified Versus Statistical Lives: An Interdisciplinary Perspective

Social Science Research Network, February 27, 2015
by Edited by I. Glenn Cohen (Faculty Director), Norman Daniels, Nir Eyal

Identified Versus Statistical Lives: An Interdisciplinary Perspective (Oxford University Press, 2015) is an edited volume that addresses the identified lives effect, which describes the fact that… Read More

Founding Faculty Director Einer Elhauge Cited in SCOTUS Decision

Petrie-Flom, February 25, 2015

On February 25, 2015, the Supreme Court handed down a decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. The majority opinion, handed down by Justice Kennedy,… Read More

Third Annual Health Law Year in P/Review collaborative blogging with Health Affairs

Petrie-Flom, February 5, 2015

The Third Annual Health Law Year in P/Review was a big success!  Video will be posted on our website shortly, but our presenters will be posting on their respective topics in a collaborative blog… Read More

Republicans release Obamacare Plan B in case of repeal or court ruling

Washington Times, February 4, 2015
by Tom Howell Jr., quoting Matthew J. B. Lawrence (Academic Fellow)

[...] Matthew Lawrence, who teaches a seminar on Obamacare at Harvard Law School , said the administration’s silence is unsurprising for several reasons. Any planning  may be in its… Read More

Hatch op-ed being used to defend Obamacare in Supreme Court case

Washington Times, January 29, 2015
by Tom Howell Jr.

[...] In cases like these, it is fairly common for interested parties to “use whatever they can to flavor their arguments in the briefs,” said I. Glenn Cohen, a health law expert at Harvard… Read More

Courts wrestle with wave of new state abortion laws

Politico, January 8, 2015
by Paige Winfield Cunningham, quoting I. Glenn Cohen (Faculty Director)

[...] As courts weigh the legal challenges to these laws, they’re being asked to spell out exactly how far states can go in regulating abortion and what requirements go too far. And states, particularly… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

Appeals court upholds Obamacare tax as constitutional

Washington Times, July 29, 2014
by Stephen Dinan and Tom Howell Jr., quoting I. Glenn Cohen

[...] Legal scholars say origination clause challenges, historically, have been a tough sell in the courts. Indeed, it is “very rarely litigated,” said I. Glenn Cohen, a health expert… Read More

D.C. appeals panel deals big blow to Obamacare subsidies

Washington Times, July 22, 2014
by Tom Howell Jr., quoting I. Glenn Cohen (Faculty Director)

[...] To redress the potentially fatal blow to its signature law, the administration will likely seek an “en banc” hearing on the case by all the judges in the D.C. Circuit. That… Read More

After Hobby Lobby, ACA exceptions may become the rule

Reuters, July 15, 2014
by Interview with Holly Fernandez Lynch (Executive Director)

Holly Fernandez Lynch analyzes the impact of the Supreme Court's recent decision, saying the Religious Freedom Restoration Act (RFRA), passed by Congress, will shape the impact as much as the court… Read More

When Religious Freedom Clashes with Access to Care

NEJM, July 2, 2014
by I. Glenn Cohen (Faculty Director), Holly Fernandez Lynch (Executive Director), Gregory Curfman

At the tail end of this year's Supreme Court term, religious freedom came into sharp conflict with the government's interest in providing affordable access to health care. In a consolidated opinion… Read More

Hobby Lobby stunner

Washington Times, June 30, 2014
by Tom Howell Jr., quoting Holly Fernandez Lynch (Executive Director)

[...] Holly Lynch, a health and ethics expert at Harvard Law School, said she was “not surprised in the least that contraceptives in particular were not covered directly in the ACA.” “It… Read More

Supreme Court Decision in Burwell v. Hobby Lobby

by Supreme Court of the United States

Read the Supreme Court's decision in favor of the right of the owners of "closely-held for-profit corporations" to refuse to provide insurance coverage for contraception and contraceptive devices… Read More

Clashing Rights

Northeastern University Program on Health Policy and Law, April 25, 2014
by featuring I. Glenn Cohen (Faculty Director)

In recent years, the First Amendment’s free speech clause has played an increasingly critical role in the battle over reproductive rights. For example, states seeking to limit access to abortion… Read More

Make it Work!:

Harvard Law Review 128, 2014
by I. Glenn Cohen (Faculty Co-Director)

This short essay is part of a Harvard Law Review Symposium honoring Justice Breyer on his 20th Year on The Supreme Court. It examines Breyer's opinions and impact on the law of patents in the life… Read More

Everything You Need to Know about the Healthcare Contraception Mandate

Shape, March 17, 2014
by Cristina Goyanes, interview with Holly Lynch (Petrie-Flom Executive Director)

[...] Starting March 25, the U.S. Supreme Court will begin hearing religious disputes over the contraception mandate, which requires employer health insurance coverage of contraceptive methods (without… Read More

Was the Medicaid Expansion Coercive?

Routledge, 2014
by I. Glenn Cohen (Petrie-Flom Faculty Co-Director)

In The Affordable Care Act Decision: Philosophical and Legal Implications, Fritz Allhoff and Mark Hall, eds. In this book chapter on the ACA decision, NFIB v. Sebelius, I focus on the Court's… Read More

Religious groups to back Obamacare contraceptive mandate

Washington Post, February 4, 2014
by Tom Howell, Jr. quoting Holly Fernandez Lynch (Petrie-Flom Executive Director)

[...] In its filing, the AJC said the case presents a rare instance in which they see a clash between religious liberty and the equal rights of women. They said the government’s mandate… Read More

Supreme Court Position on Obamacare Birth Control Mandate a Tough Call

Washington Times, December 25, 2013
by Tom Howell, Jr., quoting Holly Fernandez Lynch

[...] "It also probably will not matter that three of the court’s justices - Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan - are female, even if the case involves… Read More

The Jurisdiction of the D.C. Circuit

Cornell Journal of Law and Public Policy, Vol. 23, No. 1, 2013
by Eric M. Fraser, David K. Kessler, Matthew J.B. Lawrence, and Stephen Calhoun

Abstract: The U.S. Court of Appeals for the D.C. Circuit is unique among federal courts. It is well known for its unusual caseload, which is disproportionally weighted toward administrative law. What… Read More

Supreme Court to decide Obamacare birth control mandate

Washington Times, November 26, 2013
by Tom Howell Jr., quoting Holly Fernandez Lynch

[...] Ms. Lynch said the outcome is a particularly hard one to predict. But she thinks the court will dispense with the constitutional claims and focus more heavily on religious-freedom protection… Read More

Genes without Patents

Harvard Gazette, November 14, 2013
by Alvin Powell, featuring I. Glenn Cohen

As Supreme Court Justice Elena Kagan questioned Myriad Genetics’ attorney about patenting genes, Chris Hansen rejoiced. The attorney said that yes, genes should be patentable. But it was only under… Read More

Chris Hansen on “Dis-Owning Nature: The BRCA Gene Patents and the Supreme Court”

Program on Science, Technology, & Society at HKS, November 12, 2013
by Featuring I. Glenn Cohen as a discussant

ABOUT THE SPEAKER Chris Hansen joined the ACLU in 1973. He spent 10 years at the NYCLU specializing in complex litigation seeking reform of the mental retardation and mental health systems. He then spent… Read More

Plan B

Association of Reproductive Health Professionals, Contraception Journal, October 2013
by I. Glenn Cohen, Lisa Sullivan, Eli Y. Adashi

The 8-year legal feud over access to emergency contraception between reproductive health advocates and the Food and Drug Administration (FDA) took multiple unexpected turns before coming to an abrupt end… Read More

Obamacare becomes test of faith for employer over birth control

The Washington Times, October 14, 2013
by Tom Howell, Jr. quoting Holly Fernandez Lynch

[...]  The battle lines are drawn, but analysts of all stripes agree the case is on the fast-track for the highest court in the land. “I think it’s a foregone conclusion the Supreme… Read More

At Harvard Law School, a panel ponders the effects of the Court’s ruling on gene patenting

Spotlight at Harvard Law School, October 3, 2013
by Dick Dahl

Experts in the fields of law, science, and technology gathered at Harvard Law School Sept. 23 for a panel discussion, co-sponsored by the Broad Institute of MIT and HLS' Petrie-Flom Center for Health… Read More

Government: When push comes to nudge

Los Angeles Times, September 29, 2013
by Michelle N. Meyer and Christopher Chabris

Co-authored by Petrie-Flom Academic Fellow Alumna Michelle N. Meyer:  News came last month that the Obama administration, following the lead of British Prime Minister David Cameron and his government's… Read More

HLS Panel Discusses Gene Patents

The Harvard Crimson, September 24, 2013
by Andrew Ma

"Panelists at Monday’s discussion about the recent Supreme Court decision against gene patenting agreed that although patenting might provide incentives to aspiring innovators, it often hinders scientific… Read More

When Truth Cannot Be Presumed

Boston University Law Review, 2014
by Christopher T. Robertson

Abstract:       The Food, Drug, and Cosmetic Act (“FDCA”) requires that, prior to marketing a drug, the manufacturer must prove that it is safe and effective for… Read More

National Federation of Independent Business et al. v. Sebelius

Supreme Court of the United States

This is a link to the Supreme Court’s decision holding as constitutional the individual mandate provision of the Affordable Care Act, and holding the Medicaid expansion provision to be unconstitutionally… Read More

Health Law Year in P/Review

February 1, 2013
Conferences
2012-2013
Wasserstein Hall 2036, Milstein East C, Harvard Law School

Read More

Cohen amicus brief discussed before Supreme Court

Supreme Court Transcript, April 15, 2013

ASSOCIATION FOR MOLECULAR PATHOLOGY, ET AL., Petitioners v. MYRIAD GENETICS, INC., ET AL. Read More