Thad Pope on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Our guest this week is Thaddeus Mason Pope, Director of the Health Law Institute and Professor of Law at Mitchell Hamline School of Law. Thad is also a Ph.D. with multiple global academic posts. This week we discuss grave and complex problems in end of life care, focusing on the tragic case of Jahi McMath. Thad recently published “Brain Death Forsaken,” and offers a wealth of insight on this and similar situations. The definition of death has complex implications for insurance, reimbursement, malpractice, and even criminal law.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Jessica Roberts on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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Jessica Roberts, the Director of the Health Law and Policy Institute and a George Butler Research Professor at the University of Houston Law Center, returns to the pod. In her research, Jessica has offered compelling and innovative perspectives on a range of issues in heatlh care research, finance, privacy, and ethics.

Jessica’s book on “Health-ism,” co-authored with friend of the pod Elizabeth Weeks Leonard, is forthcoming from Cambridge University Press. We begin by discussing health discrimination before, during, and after the ACA. Then, we discuss Jessica’s take (admirably articulated in a recent Michigan Law Review book review) on the nudging at the center of healthcare’s version of behavioral economics.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Diseases of Despair on ‘The Week in Health Law’ Podcast #2

By Nicolas Terry and Leo Beletsky 

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In April, 2018 the Northeastern University School of Law held a conference titled “Diseases of Despair: The Role of Policy and Law.” TWIHL was asked to be the event’s podcast partner and we roped in Leo Beletsky, our friend and one of the conference organizers, to act as co-host for two special TWIHL episodes. Professor Beletsky, holds a joint appointment with the Northeastern University School of Law and Bouvé College of Health Sciences. His research examines the use of law to improve health, with a focus on drug policy, reducing the spread of infectious disease, and the role of the criminal justice system in shaping public health outcomes. Read More

Diseases of Despair on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Leo Beletsky 

Subscribe to TWIHL here!

In April, 2018 the Northeastern University School of Law held a conference titled “Diseases of Despair: The Role of Policy and Law.” TWIHL was asked to be the event’s podcast partner and we roped in Leo Beletsky, our friend and one of the conference organizers, to act as co-host for two special TWIHL episodes. Professor Beletsky, holds a joint appointment with the Northeastern University School of Law and Bouvé College of Health Sciences. His research examines the use of law to improve health, with a focus on drug policy, reducing the spread of infectious disease, and the role of the criminal justice system in shaping public health outcomes. Read More

Andrew Torrance on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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This week we welcome Kansas University law professor Andrew W. Torrance, who teaches and conducts research in patent law, intellectual property, innovation, and so much more! Andrew is Earl B. Shurtz Research Professor at the University of Kansas School of Law, and a winner of a 2015 University Scholarly Achievement Award at the University of Kansas.

Andrew leads us through a couple of fascinating topics on the bleeding edge of law & technology. First, he discusses the use of a page ranking-like model to value patents. Second, he introduces us to some governance and related models applied in the synthetic biology community to avoid the tragedy of the commons and supplement or replace traditional IP protection. Our conversation covers both how cutting edge technology of network analysis can help us better understand law, and how law can better govern cutting edge technology like synthetic biology.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Jamila Michener on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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A warm welcome to political scientist Jamila Michener, Assistant Professor in the Department of Government at Cornell University. Her research focuses on poverty and racial inequality in American politics. She is the author of a compelling new book, Fragmented Democracy: Medicaid, Federalism and Unequal Politics (Cambridge University Press, 2018). We discuss Medicaid’s policy and politics from her original perspective—how and why federalism (not to mention Section 1115 waivers) allows for unequal treatment of Medicaid recipients across out nation, and some of the damage to democratic institutions that result. An illuminating perspecive on both Medicaid policy and federalism, Fragmented Democracy is a great source of insights for lawyers, policymakers, and activists.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Philip Rocco on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

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A welcome to first-time Pod guest Philip Rocco. Philip is Assistant Professor of Political Science at Marquette University. His research examines the consequences of institutional fragmentation for the development of public policy, with a focus on the politics of health reform in the United States.

We cover a lot of territory inspired by Phil’s recent publications on Medicaid managed care data, all-payer claims databases, and public comments received during the Medicaid waiver process. Those interested in the politics and sociology of knowledge are in for a special treat as Rocco deftly applies findings in the social studies of science to cutting edge health law & policy debates.

A brief lightning round touches on ACA stabilization, more data about Indiana’s 1115 waiver, and the stinkbug-in-chief. The White House Council of Economic Advisors has also trumpeted gains in the key health care performance indicator of the Trump era: health insurer profitability, soon to be boosted by AHPs, MEWAs, and VA privatization.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Rachel Sachs on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

Subscribe to TWIHL here!

​This week’s episode features a welcome return from Rachel Sachs, Associate Professor of Law at the Washington University in St. Louis School of Law. Rachel’s primary research interests lie at the intersection of patent law and health law, with a particular focus on problems of innovation and access and the ways in which law exacerbates or ameliorates these problems. She is a prolific scholar who has a knack for identifying cutting-edge research. We focus on her most recent publication, Delinking Reimbursement. We discuss various aspects of the drug price phenomenon, attempting to find some explanations for our current predicament, while exploring some possible solutions.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Jeanne Lenzer on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

Subscribe to TWIHL here!

​We are joined by award-winning medical investigative reporter Jeanne Lenzer. We discuss her book, The Danger Within Us: America’s Untested, Unregulated Medical Device Industry and One Man’s Battle to Survive It. Lenzer puts forward strong arguments that the medical device industry is under-regulated, and that whistleblowers are insufficiently protected. Woven through her analysis is the story of one patient’s dangers and difficult journey involving an implanted device together. Related stories about physicians and researchers help leaven the medico-legal loaf with the human impact of this massive industry.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.

Heather Howard on ‘The Week in Health Law’ Podcast

By Nicolas Terry and Frank Pasquale

Subscribe to TWIHL here!

We welcome back one of the pod’s most popular guests. Heather Howard is a member of the faculty at Princeton University’s Woodrow Wilson School of Public and International Affairs. Previously, she served as New Jersey’s Commissioner of Health and Senior Services from 2008-2010. With her help we unpack the latest flurry of Section 1115 waiver approvals and Medicaid refractive surveillance apparatus. Some seem ripe for considerable skepticism, threatening the healthcare of many. Others, current or proposed, give some cause for cautious optimism.

In our lightning round, we discuss the latest judicial challenge to the ACA, a non-severability argument reprising themes of the key NFIB v. Sebelius dissent. We also discuss states’ asserting increasing ability to ignore aspects of the ACA, and the grim prospect of lifetime limits on Medicaid beneficiaries.

The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.