Professor Jennifer S. Bard

Jennifer S. Bard Alvin R. Allison Professor of Law and Director, Health Law Program, 2003
Adjunct Associate Professor, Department of Psychiatry, TTU School of Medicine
(806) 834-1950

Jennifer S. Bard is the Alvin R. Allison Professor of Law and Director, Health Law Program, 2003 and an Associate Professor (adjunct), Department of Psychiatry, TTU School of Medicine. She was formerly Associate Dean for Faculty Research and Development. She is the Director, Health Law Program and JD/MD Program at the law school. In 2009 Professor Bard was elected as a member of the American Law Institute and was also awarded the Texas Tech University President's Excellence in Teaching Award. In 2008 she received the award for the Best First Year Teacher from the Phi Alpha Delta Law School Honors Fraternity. She is the chair-elect of the American Association of Law School's section on Law, Medicine, and Health Care. She is also the Book Review editor of the Journal Of Legal Medicine.

Professor Bard graduated from Yale Law School in 1987 after studying law and philosophy at Oxford University. She was awarded a master's degree in public health from the University of Connecticut in 1997. Following a clerkship with the Honorable Frank H. Freedman, Chief Federal District Court Judge, District of Massachusetts, Professor Bard was a litigation associate with Shearman & Sterling in New York for six years where she worked on complex commercial litigation in the fields of Antitrust, Securities Law, International Law and Art Law. In 1995, she moved to the AIDS Action Council of the Government Affairs Department as a health policy analyst in Washington, DC.

She has been an Assistant Attorney General in the Connecticut Attorney General's Office where she investigated Medicaid Fraud and Whistle Blower complaints. Before joining the TTU Law Faculty she taught graduate and medical students as an Assistant Professor, Department of Preventive Medicine and Community Health and Research Director for the Program on Legal and Ethical Issues in Correctional Health for the University of Texas Medical Branch in Galveston.

Other appointments include a position as scientist for Sealy Center for Vaccine Development; Adjunct Professor for the University of Houston Law Center; and Associate Member, Health Law and Policy Institute at the University of Houston. Professor Bard has joint appointments at the Law School and at the Medical School. She is a member of the TTUHSC Institutional Review Board. Professor Bard writes and lectures in the areas of bioethics, public health law, medical malpractice, the insanity defense and correctional health.

She is admitted to practice in New York, Connecticut, Massachusetts, the District of Columbia and before the U.S. Supreme Court, Ninth Circuit Court of Appeals, Military Court of Appeals, Southern District of New York, Eastern District of New York, and the District of Connecticut.

She is assistant director for international human subject testing of the Center for Biodefense, Law & Policy. In connection with the Center she is currently a consultant to the Department of Health and Human Services, Public Health Services The Law, Policy, and Ethics Core (LPEC) which provides support for the Western Regional Center of Excellence for Biodefense and Emerging Infectious Diseases Research (WRCE) through research, study, and analysis of policy, laws, and regulations which impact research and scientists in biodefense.


Torts, Public Health Law, Bioethics, Law, Medicine & Literature, Legal & Ethical Issues in Clinical Research, Correctional Health, Law of Assisted Reproductive Technology, Insurance Law, Medical Malpractice.

In 2008 Professor Bard was elected "Best First Year Teacher" by the Phi Alpha Delta Law fraternity and in 2009 she received the President's Award for Excellence in Teaching.

Professor Bard speaks and publishes frequently on the topics of public health, bioethics, and the insanity defense.

Recent Publications

Jennifer S. Bard, When Public Health and Genetic Privacy Collide: Positive and Normative Theories Explaining How ACA's Expansion of Corporate Wellness Programs Conflicts with GINA's Privacy Rules, 39 J.L. Med. & Ethics 469 (2011)

Jennifer S. Bard, Rights to Health Care Information: And the Band Played On in The Picture of Health: Medical Ethics and the Movies (Henri Colt and Sylvia Quadrelli eds 2011) (Oxford)

Jennifer S. Bard, Closing the Gaps in Human Subject Research Law: Regulating Clinical Research Conducted Outside of the United States, 21 Annals Health L., (forthcoming fall 2011)

Jennifer S. Bard, "Oh Yes, I Remember It Well": Why The Inherent Unreliability of Technology Which Purports To Retrieve Human Memories Makes It Inappropriate For Forensic Use (forthcoming 2011), University of New Mexico Law Review

Jennifer S. Bard, I'm Interested in Health Law-Now Where Can I get a Job?, 14 New York State Bar Association Health Law Journal 73 (2009)

Jennifer S. Bard, Immaculate Gestation? How Will Ectogenesis Change Current Constitutional Theory on Abortion Law? In Ectogenesis: Artificial Womb Technology and the Future of Human Reproduction 149 (Scott Gelfand and John R. Shook eds., 2006)

Jennifer S. Bard, Standing Together: How Bioethics and Public Health Can Join Forces to Provide Equitable Health Care, 5 Am. J. Bioethics 220 (2005)

Jennifer S. Bard, Re-arranging Deck Chairs on the Titanic: Why Insanity Defense Law Reform is Not Enough to Solve the Problem of Crimes Committed by the Mentally Ill, 5 Hous. J. Health L. & Pol'y 1 (2005)

Recent Op-Ed Pieces

Jennifer S. Bard, Column, Supreme Court's FDA Decision Highlights Little Understood Issue of Pre-emption, ASBH Exchange Spring 2008 at 6.

Jennifer S. Bard, Op-Ed., Test of a Just Society: We have a Second Chance to Do Right by Yates, Houston Chronicle, July 16, 2006.

Jennifer S. Bard, Op-Ed., Why the Supreme Court's Decision on Forced Medication is No Boon to the Mentally Ill, The Austin American Statesman, July, 2003.

Jennifer S. Bard, Op-ed., Jesica's Family Deserved More Consideration: (When a family objects to Brain Death) The Hartford Courant,, March 4, 2003.

Jennifer S. Bard, Op-Ed., Unjust Rules for Insanity, (The Andrea Yates Verdict) N.Y. TIMES, March 13, 2002.

Recent Presentations

"The Role of the Supreme Court in Interpreting the Constitution (Constitution Day Address)," Texas Tech University Health Sciences Center School of Medicine, Lubbock, Texas, September, 2007

"The Difference Between an A Student and a C Student", Texas Tech University School of Law HLSA Orientation Boot Camp, Lubbock, Texas, August 12, 2007

Jennifer S. Bard and Elizabeth Pendo, "Update on the Genetic Information Non-Discrimination Act ("GINA") 20th Annual Bioethics Camp, June 22, 2008 Santa Rosa, CA

"Update on Medical Futility: When Communication Fails", 17th Annual Ethics Symposium Sponsored by TPMG Department of Medical Ethics Kaiser Permanente, "Confronting Health Care Disparities" San Francisco, CA March 8, 2008

"What Your Patients Need You to Know About U.S. Law" Presentation to Neuropsychiatry Residents and Fellows at Texas Tech University Health Sciences Center March 25th, April 8th, 2008 Lubbock, TX

Trans-disciplinary Approaches to Trans-institutionalization of People with Mental Illness, American Association of Bioethics and the Humanities, Paper Session October 20th, 2007.