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DIAGNOSING AMERICAN HEALTH CARE: ECONOMIC STAKEHOLDERS AND BIOETHICAL CONSIDERATIONS FEBRUARY 26, 2010 MISSISSIPPI COLLEGE SCHOOL OF LAW MISSISSIPPI COLLEGE SCHOOL OF LAW LAW REVIEW PRESENTS A LEGAL SYMPOSIUM APPROVED FOR CLE CREDIT

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Page 1: Law Review Symposium

DIAGNOSING AMERICAN HEALTH CARE:ECONOMIC STAKEHOLDERS AND BIOETHICAL CONSIDERATIONS

FEBRUARY 26, 2010

MISSISSIPPI COLLEGE SCHOOL OF LAW

MISSISSIPPI COLLEGE SCHOOL OF LAW LAW REVIEW PRESENTS

A LEGAL SYMPOSIUM

APPROVED FOR CLE CREDIT

Page 2: Law Review Symposium

NEIL H. BUCHANAN is an Associate Professor of Law atThe George Washington University Law School, and he iscurrently a Visiting Scholar at Cornell Law School. Priorto moving to GW in 2007, he taught at Rutgers-NewarkSchool of Law and was a visiting professor at NYUSchool of Law. He received his J.D., magna cum laude, fromthe University of Michigan Law School in 2002, wherehe was elected to the Order of the Coif. After law school,he clerked for Judge Robert H. Henry on the U.S. Courtof Appeals for the Tenth Circuit. Prior to attending lawschool, Professor Buchanan was an economics professor.He earned his M.A. and Ph.D. degrees from HarvardUniversity, specializing in macroeconomics, the history ofeconomic thought, and economic methodology. Hereceived his B.A. in economics from Vassar College. Hehas held faculty positions in economics at the Universityof Michigan, the University of Wisconsin-Milwaukee,Barnard College, Goucher College, and Wellesley College;and he has also taught as a guest instructor in the eco-nomics departments at the University of California atBerkeley, the University of Utah, Bard College, andTowson University. Professor Buchanan’s research con-cerns the long-term tax and spending patterns of the fed-eral government, focusing on such issues as budgetdeficits, the national debt, the long-run prospects for theSocial Security system, and the financial implications ofhealth care inflation for the U.S. economy, its citizens,businesses, and governments. He also is engaged in along-term research project to determine how current pol-icy choices should be shaped by concerns for the interestsof future generations, and he is initiating a new researchproject analyzing economic inequality and the politicalforces that have been amassed to thwart efforts to amelio-rate such inequality.

SETH CHANDLER is a Professor of Law at the Universityof Houston Law Center, where he is a Law FoundationProfessor of Law and serves as the Co-Director of theHealth Law and Policy Institute. He teaches courses inHealth Law, Law and Economics, Contracts, Insurance

Law, and Life & Health Insurance. Professor Chandlerearned his undergraduate degree, summa cum laude, fromthe Woodrow Wilson School of Public and InternationalAffairs of Princeton University and a J.D. from HarvardLaw School, where he served as managing editor of theHarvard Law Review. He has taught at the University ofHouston Law Center since 1990, winning the university-wide Teaching Excellence Award in 1995. He was previ-ously engaged in private practice at Munger, Tolles &Olson in Los Angeles, California, and Williams &Connolly in Washington D.C. He also clerked for theHonorable Edward R. Becker of the United States Courtof Appeals for the Third Circuit. Professor Chandler haspioneered use of the Mathematica computer language inthe economic analysis of law. His work in progress focus-es on use of advanced mathematical methods to studylaws relating to insurance underwriting.

DENA S. DAVIS is a Professor of Law at Cleveland-Marshall College of Law (Cleveland State University),where she teaches courses in Genetics, Ethics & the Law,Biomedical Ethics, and Torts. Dr. Davis has been aVisiting Scholar at the National Human GenomeResearch Institute, Arizona State University, and theHastings Center, a preeminent bioethics research institute.She has been a Fulbright Research Fellow in India (1994),a Fulbright Teaching/Research Fellow in Israel (2002),and a Fulbright Senior Specialist in Indonesia (2004) andSweden (2007). She holds an adjunct appointment atCase Western Reserve University’s Department ofBiomedical Ethics, and is a faculty associate in CWRU’sCenter for Genetic Research Ethics and Law. Dr. Daviswas recently appointed to the NIH Embryonic Stem CellEligibility Working Group. Dr. Davis received her J.D.from the University of Virginia, her Ph.D. in Religion from the University of Iowa, and her B.A. from Marlboro College. Her most recent book is GeneticDilemmas: Reproductive Technology, Parental Choices, andChildren’s Futures.

Page 3: Law Review Symposium

JEFFREY JACKSON is the Owen Cooper Professor ofLaw at Mississippi College School of Law in Jackson,Mississippi, where he teaches Insurance, Civil Procedureand Professional Responsibility and Ethics. His treatisesinclude Mississippi Insurance Law & Practice, Mississippi CivilProcedure, Professional Responsibility & Ethics for MississippiLawyers (w/ D. Campbell), Commentary on Judicial Ethics forMississippi Judges (w/ D. Campbell) and Encyclopedia ofMississippi Law (Editor & Lead Author w/ M. Miller). Heis the founding author of Mississippi Rules Annotated. Priorto joining the law faculty, Professor Jackson was a litiga-tion associate in the West Virginia law firm of Rose,Padden & Petty. A former judicial administrator,Professor Jackson served as the Tom C. Clark JudicialFellow (1991-92) in the Administrative Office of UnitedStates Courts, where he provided research support for theUnited States Judicial Conference’s Committee on LongRange Planning. Upon returning to teaching, ProfessorJackson served as consultant for the Committee, whichproduced the Long Range Plan for Federal Courts.Professor Jackson has served as reporter for theMississippi Supreme Court Advisory Committee onRules (Project to Reconcile Court Rules and theMississippi Code), as reporter to the court’sSubcommittee on Appellate Rules, as a former bencher,secretary and program chair for the Charles ClarkChapter of the American Inns of Court, and as thefounding publisher of MLi Press, the university press atMC Law. He is a graduate of Haverford College and theUniversity of Pittsburgh School of Law where he wasCoif and a member of the Law Review.

JOSHUA (JOSH) E. PERRY is an Assistant Professor ofBusiness Law and Ethics at Indiana University’s KelleySchool of Business. Professor Perry received hisBachelor’s degree, summa cum laude, in American Studiesfrom Lipscomb University in 1997. In 2002, he graduat-ed from Vanderbilt University’s joint law-divinity pro-gram, receiving a Masters of Theological Studies from theDivinity School, where his program concentrated on

ethics, and the Doctor of Jurisprudence from the LawSchool, where he received numerous awards and served asthe Senior Articles Editor of the Vanderbilt Law Review.After law school, Professor Perry was an active member ofthe Tennessee Bar and practiced civil litigation for two anda half years at Riley, Warnock, & Jacobson, representingthe commercial and intellectual property interests ofhealth care and entertainment industry clients. Prior tojoining the Kelley School faculty, Professor Perry taughtin the Vanderbilt University School of Medicine’s Centerfor Biomedical Ethics and Society, as well as in theVanderbilt University Law School. In addition to class-room teaching at Vanderbilt, Perry also served as a mem-ber of the Clinical Ethics Consultation Service for theadult and children’s hospitals and as a member of themedical center’s ethics committee. He also mentoredmedical students in the Law & Policy area of the medicalschool’s Emphasis Program. A frequent speaker to a vari-ety of local, national, and international audiences onissues at the intersection of law, medicine, and ethics,Professor Perry’s research explores the economic and busi-ness factors that contribute to the tensions between per-sonal and professional values in the lives of professionalsand in their moral decision making, as well as public pol-icy, “biopolitical,” and life science issues arising in dilem-mas where legal, medical, ethical, and religious issuesintersect.

LAWRENCE (LARRY) E. SINGER is an AssociateProfessor at Loyola University Chicago School of Lawwhere he is also the Director of the Beazley Institute forHealth Law and Policy. While in law school, ProfessorSinger worked as a legislative extern for Senator EdwardKennedy, staffing death penalty and health care legisla-tion. Professor Singer was previously a partner with theChicago office of McDermott, Will & Emery, where hispractice focused on general corporate and transactionalmatters, medical staff affairs, and patient care issues. Healso served as assistant to the general counsel of the continued on page 4

Page 4: Law Review Symposium

American Hospital Association and as legal counsel in theAmerica Hospital Association’s Office of Legal andRegulatory Affairs. While there, he was an author of anamicus curiae brief to the U.S. Supreme Court in the caseof Cruzan v. Missouri Department of Health. Professor Singerhas been recognized multiple times as a “super lawyer” inhealth law. He also has been inducted as a Fellow in theInstitute of Medicine of Chicago.

W. THOMAS (TOMMY) SMITH is a professor in phar-macy law and ethics at the University of Florida, and alsoteaches drug regulation and policy online for UF. Hisdegrees include a doctor of pharmacy from the SaintLouis College of Pharmacy and a J.D. and Certificate inHealth Law from the Saint Louis University School ofLaw. Professor Smith has served as the Director ofOperations for Corum Health Services, Inc., a long-termcare pharmacy in St. Louis, Missouri and is also active inthe American Bar Association Health Law Section, wherehe currently serves as the chair of the Medical Research,Biotechnology, & Clinical Ethics Interest Group. In 2008,he was appointed to the ABA Commission on Mental &Physical Disability Law. His areas of interest include fed-eral pharmacy regulations, clinical ethics, pharmacists andother healthcare professionals with disabilities, and ethi-cal behaviors in students and healthcare professionals.Professor Smith has recently published articles in theAmerican Journal of Health Systems Pharmacy andCurrents in Pharmacy Teaching and Learning.

JONATHAN F. WILL is an Assistant Professor of Law atMississippi College School of Law where he is chargedwith developing the new Bioethics and Health LawCenter. Professor Will currently teaches Bioethics and theLaw, Civil Procedure I & II and will teach a Health CareLaw survey course next Fall. Professor Will earned hisundergraduate degree, summa cum laude, in English andPsychology from Canisus College. He also holds aMaster’s degree in Bioethics from the University ofPittsburgh, graduating magna cum laude. Professor Willobtained his law degree from the University ofPittsburgh, where he graduated magna cum laude with aCertificate in Health Law. While in law school, he servedas an Executive Editor of the Law Review and earnedrecognition in Order of the Coif. Upon graduation, heworked as an associate at Buchanan, Ingersoll & RooneyPC in Pittsburgh, Pennsylvania. He served as an AdjunctProfessor at the University of Pittsburgh School of Lawbefore joining the faculty at Mississippi College School ofLaw.

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Page 5: Law Review Symposium

This legal symposium is hosted by Mississippi CollegeLaw Review. The symposium will be open to the public andregistration is not required. However, this symposium hasbeen approved for 2.0 hours of CLE credit. The cost to receive CLE credit is $50.

LOCATIONMississippi College School of Law151 East Griffith StreetJackson, Mississippi

CLE REGISTRATIONPhone: Registrations may be received over the phone at

601.925.7107 if payment is made with VISA, MasterCard, or American Express.

Mail: Registrations may be mailed to:MC LawCLE Department151 East Griffith StreetJackson, MS 39201

Fax: Registrations with credit card information and phone number may be faxed to 601.925.7114.

Online: Registrations may be made online by using VISA, MasterCard, or American Express. Please use the following link:http://law.mc.edu/lawrev10.html

AMERICAN DISABILITIES ACT (ADA)Any persons who need special accommodations under the ADA should contact MC Law at 601.925.7107.

REGISTRATION INFORMATION

DIAGNOSING AMERICANHEALTH CARE:

ECONOMIC STAKEHOLDERS AND

BIOETHICAL CONSIDERATIONS

A LEGAL SYMPOSIUM

Page 6: Law Review Symposium

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Early Registration $50.00 by February 18 - Late R

egistration Fee $65.00

Page 7: Law Review Symposium

Friday, February 26, 2010 - 8:30 a.m. to 11:45 a.m.Mississippi College School of Law - Student Auditorium

151 East Griffith Street - Jackson, Mississippi 39201

SCHEDULE OF EVENTS

8:30 a.m. - 9:00 a.m.

Breakfast and Registration

9:00 a.m. - 10:15 a.m.

“The Economic and Practical Implications of Health Care Reform”Panel discussion featuring Professors Neil Buchanan,

Seth Chandler, and Larry Singer and moderated by Professor Jeffery Jackson.

10:15 a.m. - 10:30 a.m.

Break

10:30 a.m. - 11:45 a.m.

“Bioethical Issues in Health Care Reform”Panel discussion featuring Professors Josh Perry,

Tommy Smith, and Dena Davis and moderated by Professor Jonathon Will.

Page 8: Law Review Symposium

151 EAST GRIFFITH STREET

JACKSON, MISSISSIPPI 39201

ADDRESS SERVICE REQUESTED

NON-PROFITORGANIZATION

U.S. POSTAGEPAID

JACKSON, MSPERMIT #967