The Changing Malpractice Standard of Care, XIV(4)  Health Law News 7 (2001) (same).

Hindsight Bias and Tort Liability: Avoiding Premature Conclusions, 31 Arizona State Law Journal 1277 (2000).

Harming Future Persons: Obligations to the Children of Reproductive Technology, 8 Southern California Interdisciplinary Law Journal 365 (1999).

Reprinted in Legal and Ethical Issues in Human Reproduction  (Bonnie Steinbock ed., Ashgate, 2002)

The Illusion of Autonomy at the End of Life: Unconsented Life Support and the Wrongful Life Analogy,  45 UCLA Law Review 673 (1998).

When Physicians Balk at Futile Care: Implications of the Disability Rights Laws, 90 Northwestern University Law Review 798 (1997).

Health Care Rationing and Disability Rights, 70 Indiana Law Journal  491 (1995).

Rethinking Wrongful Life: Bridging the Boundary Between Tort and Family Law, 67 Tulane Law Review 397 (1992).

The Physician's Decision to Use Tube Feedings The Role of the Family, the Living Will, and the Cruzan Decision, 40 Journal of the American Geriatrics Society 475 (1992) (with Ely et al.) .

Physician Willingness to Withhold Tube Feeding after Cruzan:  An Empirical Study, 57 Missouri Law Review 831 (1992) (with Ely, Zweig, Elder, and Schneider)

Community Attitudes and Knowledge About Advance Care Directives, 5 Journal of the American Board of Family Practice 565 (1992) (with Elder, et al).

The Constitution and the Right to Die, 6(4) Midwest Medical Ethics 13 (1990).

The State's Interest in the Preservation of Life:  From Quinlan to Cruzan, 50 Ohio State Law Journal 893 (1989).

Protecting the Unconceived: Nonexistence, Avoidability and Reproductive Technology,

31 Arizona Law Review 487 (1989).

Book Review, Who Should Decide:  Paternalism in Health Care, by James F. Childress, 23 Journal of Family Law 287 (1984).

Note, 64 California Law Review 516 (1976).

Numerous op-ed pieces on access to health care and malpractice litigation.

D.  Works in Progress

“Ascertaining Embryo Failure” with Kathy Timms, PhD, Dept of OB/Gyn, expected submission April 2005 (exploring when in vitro embryos have “died”).

“The Meaning of Human Conception” (exploring the implications for early embryo  moral status of  the fact that the alignment, joinder, and activation of the chromosomes contributed by sperm and egg take roughly two days; expected submission April 2005).

“The Constitution and the Regulation of Reproductive Technology” (expected submission Fall 2005; an revision and expansion of part of my book on the regulation of reproductive technology). “Collateral Damage in the Abortion Wars: The Barrier Created by Partial Birth Abortion Statutes to the Withholding of Inhumane Care from Newborns” (with Frank Clark, MD, JD)

“The Racial Achievement Gap: Staggered Starts and the Promise of Early Education” (an examination of the racial achievement gap and the hope of reducing it with better preschool education).

“Facts and Myths About Medical Malpractice Litigation” (a review of the empirical findings; updating earlier and more general work on tort litigation by Galanter and then Saks).

“Looking for the Lottery:  Medical Malpractice Settlement Patterns” (a review of the studies)

“After Affirmative Action: Closing the Racial Test-Score Gap with Early Education” (a book manuscript that is in its early stages)

“Labeling and Information Theory: The Case Study of GM Food.”  Thom Lambert and I will co-author this piece and present it at a conference on Nov. 5, 2005.  The papers will be published in an anthology by Cambridge U. Press in its applied philosophy series.

“Factual Uncertainty and Risk-Utility Analysis” (under submission to law reviews)“Who Has Responsibility for Safeguarding Workers With Genetic Susceptibilities to Workplace Toxins” (an experimental study examining how people would allocate the cost of protecting genetically-sensitive workers against workplace toxins).  Co-principal investigator with Jennifer Robbennolt, JD, PhD, and Chris Guthrie, JD, MS.

Grants

PI, Correlating Early Education with Readiness to Start Kindergarten, MU Research Council ($4,918; approved 2/14/2005; IRB approval 3/3/2005).

“Malpractice Law,” a chapter in a textbook for teaching Barry Werth’s book Damages.

D.  Areas of Current Research Interest

Medical malpractice litigation (the standard of care; the role of the jury)

Human genetics and reproductive technology

Testing and labeling regulations for genetically modified foods

The allocation of health care resources

Honors

Merck Visiting Scholar, Seton Hall Law School, Fall 2005 (one week endowed visitorship).

Life Fellow, Clare Hall, Cambridge University (In residence, Fall 2001,  researching the regulation of reproductive and genetic technology).

American Law Institute (elected 1997).

Consultative Group, Restatement Third of Torts: Apportionment of Liability.

Consultative Group, Restatement Third of Torts: General Principles.

Shook, Hardy & Bacon Award for Excellence in Research, 1997 (an award presented since 1993 by the UMC School of Law for the most outstanding faculty scholarship in the prior year)

Nominee,  Chancellor’s Award for Outstanding Research and Creativity in the Behavioral and Social Sciences, 1996.

Shook, Hardy & Bacon Award for Excellence in Research, 1995.

Shook, Hardy & Bacon Award for Excellence in Research,  1993.

University Development Leave, Fall 1993 (funded leave of absence based on campus-wide competition, during which I studied epidemiology, research methods and the history of health care delivery at the UMC Medical School).

Social Science Research Network (SSRN), “Top Ten Downloads” in Tort Law or Health Law (several manuscripts).

Service

Reporter,  Study Committee on  the Misuse of Genetic Information, National Conference of Commissioners on Uniform State Laws   (August 2004-present;  the committee’s recommendation on whether to draft a uniform law for health insurance and employment discrimination is due in the summer of 2005)

International Center for Indigenous Phytotherapy (TICIPS), an NIH funded study of South African herbal medicines (consulting on the sharing of commercial benefits with South Africa and its traditional healers). 

American Law Institute (see above)

The Family Health Center (a non-profit community health center); President of the Board

Board (July 2003- July 2005), member since Jan. 2000.

Columbia Public Schools Early Education Task Force (Fall 2004) (charged with drafting a strategic plan for addressing the fact that poor and minority children arrive at school less ready to learn)

Boone Early Childhood Partners (Vice President of the Board of Directors, 2003-present) (non-profit organization seeking to improve the educational outcomes of low-income

children by improving pre-K preparation; my interest is in closing the racial achievement gap).

Nanny’s Neighborhood (low income child care center),  Advisory Board (2004).

Briefing State Legislators and Candidates on Health Law Issues  (e.g., this fall I have met with two Republican candidates for a primer on medical malpractice reform).

External Reviewer

Oxford University Press (2000, 2001, 2001)

JAMA (1996, 1997)

Health Affairs (1999)

AgBioForum (2001)

Bioethics Forum (several times)

Selected Law School and Campus Committees

Law School:

Chair, Faculty Appointments Committee (2002-present; 1992-97)

Chair, Promotion and Tenure Subcommittee (1998-2002)

Curriculum Committee (1986-2000)

Re-accreditation Self-Study Committee (1997-98)

Faculty Advisor,  Missouri Equal Justice Foundation (1995-2001)

President, Missouri Chapter of Order of the Coif, 1996-1999

Campus:

                        Center for Health Policy, Steering Committee

                        Center for Health Ethics, Steering Committee

                        School of Public Health, Provost’s Planning Group

National Soybean Biotechnology Center, Affiliated Faculty and on Public Policy Planning Committee

                        Biotechnology & Society Working Group (1999-present), Director (2000-present)

                        Search Committee, Klein Chair in Philosophy ( 2000-02)

                        Search Committee, Molecular Biology Department Visiting Ethicist (2000-01)

                        Campus Health Care Oversight Committee (1995-96)

Selection Committee for the Chancellor’s Award for Outstanding Research and Creativity in the Behavioral and Social Sciences (1998)

Clinical Ethics Committee, University of Missouri-Columbia School of Medicine (1989-present)

University Hospital Task Force to Revise Consent Policies (1998)

Boone County Health Report Card, Community Benefits Subcommittee (1996) (exploring ways to  improve access to health care in Boone County, Missouri)

Governor’s Health Reform Commission, Consultant, 1993 (the Commission was appointed by Governor Carnahan to propose a plan for universal health care access)

Institutional Review Board, Ellis Fischel State Cancer Center, Columbia, Missouri (1986-1990)

Harvard University, Schools Committee (interviewing applicants; 1987-present).

Numerous presentations to media, local civic and religious organizations.

Presentations

Discussant, “Whose View of Life:  Embryos, Cloning, and Stem Cells,” Life Sciences & Society Symposium, March 9, 2005.

“Redressing the Achievement Gap in Education,” presentation sponsored  by Hispanic and Latino Faculty and Staff Assn for Hispanic Heritage Month, Oct. 2004.

“International Concerns About Genetically-Modified Crops,” presentation to the National Soybean Biotechnology Center, Oct. 2004.

“Understanding the Terri Shiavo Case,” talk-radio guest twice, Fall and Winter 2004.

“Obligations to the Children of Reproductive Technology,” presentation to the annual Health Law Teachers Conference, June 2004.

Getting to the Heart of the Malpractice Crisis,” Columbia Rotary Club, Winter 2004.

“Getting to the Heart of the Malpractice Crisis,” Columbia  Kiwanis Club, Winter 2004.

“After Affirmative Action—Closing the Racial Test-Score Gap,”  MU Law Faculty Workshop, Winter 2004.

“Law and the Life Sciences,” Presentation at the Missouri Bar Annual Meeting, Oct. 4, 2003.

“Getting to the Heart of the Malpractice Crisis,” Faculty Workshop, MU School of Journalism, Oct. 13, 2003.

“The Medical Malpractice Crisis,” radio panel discussion, Feb. 2003.

“Stem Cells,” Senior Science Seminar, Central Methodist College, Feb. 2003.

“Legal Issues in Geriatric Care,” 14^th Gerontology Nursing Conference, Jan. 2003.

“Genetic Discrimination in Employment and Insurance,” and “Involuntary Sterilization Based on Genetic Information,” Advanced Judicial Seminar on Genetics & the Law, April 19, 2002.

“The Role of Empirical Evidence in Malpractice Litigation,” invited paper in a symposium at Wake Forest University, April 5-6 (2002).

“Genetic Discrimination in Employment and Insurance,” and “Involuntary Sterilization Based on Genetic Information,” Advanced Judicial Seminar on Genetics & the Law, May 10-11, 2001 (also assisted in planning this conference).

"Legal Role of Ethics Committees,"  Caring for the Frail Elderly Conference, Columbia, MO (Aug. 2000).

“The Quiet End of Deference to Custom,” Health Law Teachers Conference, American Society of  Law, Medicine & Ethics, Cleveland (June 2000).

Medical School Grand Rounds (Missouri infanticide bill) (Feb. 2000)

“Partial Birth Abortions in Missouri,” UMC School of Medicine, Faculty Ethics Group, ( Dec. 1999).

“Surrogacy: Where the Law Stands,”  Midwest Bioethics Center conference for experienced members of hospital ethics committees and counsel, Kansas City ( Nov. 1999).

“Legal Duties to Future Persons,” Faculty Workshop, UMC School of Law (Oct.1999).

“Legal Concerns: Record and Confidentiality,” Missouri Dermatological Society, 1999 Annual Meeting, Columbia.

“Damages for Unconsented Life Support,” Multidisciplinary Conference on Geriatrics, School of Medicine, Columbia (July 1999).

“Harming Future Persons,” the American Society of Law, Medicine & Ethics,  Health Law Teachers Conference, St. Louis (June 1999).

“Baby K,” UMC Medical School, Faculty Ethics Group (Nov. 1998).

“Access to Health Care: The Disability Rights Issues,”  American Society of Law, Medicine & Ethics,  Health Law Teachers Conference, Houston  (June 1998).

“Legal Issues in Managed Care,” Central Methodist College (April 1998).

“Applying Q to the Study of Death and Dying: Perspectives from the Law,” UMC School of Journalism (Oct. 1996).

"Legal Issues for Ethics Committees,"  Midwest Bioethics Seminar for Ethics Committees, Columbia Regional Hospital  (Sept. 1995).

"Malpractice Issues in Managed Care,"  Department. of Family & Community Medicine, Faculty Seminar (June 1995).

"Disability Rights and Bedside Rationing,"  Faculty Ethics Group, School of Medicine, University of Missouri-Columbia (May 1995).

"Health Reform and Medical Malpractice", Midwest Bioethics Center, Kansas City (July 1994).

"Legal Issues Raised by Medical Technology," Southwest Missouri Bench Club (May 1994).

"Advance Care Directives and the Patient Self-Determination Act: Implications for Missouri's Nursing Homes," Caring for the Frail Elderly Conference, Missouri Association of Long-Term Care Physicians (Sept. 1992).

"Universal Health Care:  Right or Privilege," public forum sponsored by the Missouri Association for Social Welfare (Apri 1991).

"Understanding the Cruzan Case, Critical Care Update Program, University of Missouri School of Medicine (April 1991).

"Decision-making When Principles Conflict:  Problems in Surrogate Decisionmaking"-- a speech presented at a program entitled "Medical Practice After Cruzan:  Withholding Life Sustaining Treatment in Missouri"; sponsored by the University of Missouri School of Medicine and The Ethics Committee of the Health Sciences Center (Dec.1990).

"Withholding Treatment After Cruzan: The Health Care Surrogate Law"-- planned and moderated a forum held on October 9, 1990, about the Missouri Bar Association's proposed health care surrogate statute; it featured the draftsman of the bill and a lobbyist for its chief opponent, the Missouri Catholic Conference.

"Annual Update of the Law of Torts,"  Missouri Bar Association Annual Meeting (Oct. 1990).

"Privacy, Liberty and the Right to Die," Constitution Week Program, Central Methodist College (Sept. 1990).

"When Should Autonomy Be Transferred," Family Practice Update Conference, UMC Department of Family and Community Medicine (March 1990).

"Cruzan Before the U.S. Supreme Court" - moderated and participated in a panel discussion held on October 17, 1989, at the law school featuring William Colby, the attorney for the Cruzans, and Judge Edward D. Robertson, Jr., the author of the Missouri Supreme Court's opinion.

"Legal-Medical Ethics and Metabolic Support;" Current Issues in Nutrition Support, Columbia  (June 1987).

Teaching Across the Campus

Developed and taught an interdisciplinary course on “The Social Implications of Genetically Modified Organisms” first offered in the fall of 2002.  The class is cross-listed in several departments and taught by faculty from law, molecular biology, biology, philosophy, agricultural economics, rural sociology, political science, plant sciences, and journalism.  It will soon be required for  graduate students in Bioinformatics.

Annual Lecturer at the School of Medicine, teaching the law governing the withholding of life-sustaining care (1996 to present) and basic malpractice law (2004).

Annual Lecturer in Veterinary Jurisprudence at the University of Missouri-Columbia School of Veterinary Medicine (1987 to 2000)

Guest Lecturer in Medical Ethics at a class offered jointly by the Honors College and the Department of Philosophy, University of Missouri-Columbia (occasionally, from 1988-1995)

Guest Lecturer, Journalism and the Courts, Jan 20, 2005.

“Patenting the Human Genome,” Biochemistry 105 (Biotechnology & Society) (Dec. 2000).

“A Malpractice Primer, “ Surgical Technology (Sept. 1998).

Grand Rounds, Departments of Neurology and Neurosurgery, UMC School of Medicine, May 1998.

“The Relationship of Law and Justice in a Pluralist Society,” Honors College, Feb. 1998.

"Legal Issues in Biotechnology," Biochemistry (March 1994; Nov. 1995).

"Futile Medical Care," Department of Surgery (Jan. 1994).

"Antitrust Issues in Health Care," Department of Plant Pathology (Oct. 1993).

"Legal Issues in Sports", College of Education, Department of Health & Physical Education (Fall 1991).

"Legal Restrictions on the Release of Genetically Engineered Organisms in the Environment," Graduate Seminar,  Department of Plant Pathology  (Spring, 1988).

 "Withholding Medical Treatment After Cruzan v. Harmon;" presented to the University of Missouri-Columbia School of Medicine Faculty Ethics Group (April 1989).

Honors College, “Introduction to Law of Defamation” (Fall, 1988-1990)

"The Right to Die," presentation and panel discussion, February 21, 1990, sponsored by the Philosophy Club and the Arts & Sciences Student Government as part of Arts & Sciences Week.

Association Memberships

American Bar Association, Missouri Bar Association; Boone County Bar Association

American Society of Law, Medicine and Ethics

American Civil Liberties Union

Society of American Law Teachers

Personal

Address:           2620 Westbrook Way, Columbia, MO 65203, (573) 442-1150

Born:                February 4, 1950, in Manchester, New Hampshire

Married:          Vickie Park, M.D., F.A.C.E.P., July 12, 1980

Children:         Natalie, born July 28, 1986; Mackenzie, born July 29, 1992.

Activities:        Soccer coach (elementary school girls)

[Resume. DATE March 14, 2005]