Professor Jennifer S. Bard

Jennifer S. Bard Alvin R. Allison Professor of Law 2003
Director of Health Law Program and J.D./M.D. Dual Degree Program
Professor, Texas Tech University Health Sciences Center Graduate School of Biomedical Sciences
Professor (Adjunct), Texas Tech University School of Medicine, Department of Psychiatry
(806) 834-1950
Email: jennifer.bard@ttu.edu

Jennifer S. Bard, J.D., M.P.H., Ph.D., is the Alvin R. Allison Professor of Law and Director, Health Law Program, 2003 and a Professor in the Public Health School at the Texas Tech University Health Sciences Center as well as a Professor (adjunct), in the Department of Psychiatry, TTU School of Medicine.

She is the Director, Health Law Program and JD/MD Program at the law school.

Currently she serves as the Special Assistant to the Provost of Texas Tech University for Academic Outreach and Engagement. She was formerly Associate Dean for Faculty Research and Development for the law school.

Professor Bard has been awarded by Texas Tech University President's Excellence in Teaching Award and Excellence in Academics award. She has also received the award for the Best First Year Teacher from the Phi Alpha Delta Law School Honors Fraternity. Previously she has chaired the American Association of Law School's sections on Law, Medicine, and Health Care and Mental Disability. She has also been the Book Review editor of the Journal Of Legal Medicine.

Professor Bard writes and teaches in the areas of public health law, constitutional law, tort law, bioethics, mental disability, the insanity defense and correctional health. She is frequently asked to speak on these topics on a national and international level.

Professor Bard is an elected member of the American Law Institute 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. 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.

Courses

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.

Integrated Scholar Profile

Recent Publications

Google Scholar Citations, SSRN Link

Jennifer S. Bard, Introducing New Users to an Old Poison: The Tobacco Industry’s Efforts to Thwart the FDA’s Regulation of E-Cigarettes, 8 St. Louis U. J. Health L. & Pol'y (forthcoming 2015).

Jennifer S. Bard, DSM-6 and Beyond: Looking Ahead to the Effects of Biological Based Diagnosis on Criminal Sentencing, 2015 Utah L. Rev. (Symposium Issue) (forthcoming 2015).

Jennifer S. Bard & Lindsay Penrose, Responding to Requests for Assisted Reproductive Technology Intervention Involving Women Who Cannot Give Consent, 24 Health Matrix J. L.–Med. (forthcoming 2015).

Jennifer S. Bard, A Taxonomy for Analyzing Legal and Ethical Issues Arising When Conducting Human Subject Research Outside the Borders of One’s Own Country, 37 Hous. J. Int'l L. 1 (2015).

Jennifer S. Bard, The Professor as Whistleblower: The Tangled World of Constitutional and Statutory Protections, 12 Dartmouth L.J. (forthcoming 2014).

Jennifer S. Bard, Would Research Ethics Survive the Defunding of the Research University?, 44(1) Hastings Ctr. Rep. 11–12 (Jan.–Feb. 2014).

Jennifer S. Bard & Craig M. Klugman, Futility on the Border: What should a hospital do for an undocumented person in a vegetative state who can no longer benefit from hospital treatment?, 44(1) Hastings Ctr. Rep. (July–Aug. 2013).

Jennifer S. Bard, Putting Patients First: How the FDA Could Use Its Existing Powers To Reduce Post-Market Adverse Events, 10(2) Ind. Health L. Rev. 495 (2013).

Craig M. Klugman & Jennifer S. Bard, Medicolegal & Ethical Aspects of Prehospital Emergency Medicine, in ABC of Prehospital Emergency Medicine (Tim Nutbeam & Matthew Boylan, eds., Wiley 2013).

Recent Presentations

Nov. 2014, Texas Tech University Department of Medical Education, Public Policy Drivers During Global Public Health Emergencies: Focus on Ebola (Discussant).

July 2014, Athens Institute for Education and Research, 11th Annual International Conference on Law, Athens, Greece, Legal and Ethical Issues in Conducting Human Subject Research Outside the Borders of One’s Own Country.

June 2014, American Society for Law, Medicine and Ethics, San Francisco, CA, Legal Options for Tenants with Bedbug Infestations (A Report Funded by the Robert Wood Johnson Foundation); The Obese as a Vulnerable Population.

Oct. 2013, American Association of Bioethics and the Humanities annual meeting, Atlanta, Georgia, Presumed Consent Laws Are Not the Answer to Increasing Organ Donation: How Can We Find Out What Is?

Aug. 2013, Southeastern Association of Law Schools, West Palm Beach, Florida, Employee Benefits and Disability Rights in a Post-Affordable Care World (Discussant); Research Deans Talk About What Works (and What Doesn’t) on Encouraging Faculty Research and Scholarship (Moderator and Discussant); Health Care Reform Reprised: What Progress Has Been Made Since Last Year? (Discussant).

Media

Money Magazine, The Surprising Personal Health Questions Your Employer Can Ask you, http://time.com/money/3579354/health-risk-assessment-questionnaire/

The Wall Street Journal, blogs.wsj.com/law/2014/10/17/ebola-suits-if-filed-against-texas-hospital-likely-wont-be-easy-to-win/

KUT, Austin, Texas, http://kut.org/post/nurse-who-treated-ebola-patients-agrees-self-quarantine-texas

WWK, New Orleans, LA, http://tinyurl.com/np3cwut

KFYO, Austin, Texas, http://kfyo.com/show/robert-pratt/

Inside Texas Tech: School of Law, HSC Prepared for Ebola, Other Outbreaks, http://kttz.org/post/inside-texas-tech-school-law-hsc-prepared-ebola-other-outbreaks

The Case for Public Health Law: Q&A with Jennifer S. Bard, http://www.publichealthnewswire.org/?p=8217

Blog Posts

Ebola in the United States—Some Resources for the Law School Curriculum, Bill of Health (Oct. 1, 2014), http://blogs.law.harvard.edu/billofhealth/category/contributors/jennifer-bard/

Learning Outcomes Are Coming, Learning Outcomes Are Coming--What They Are and How to Draft Them, PrawfsBlawg (Aug. 28, 2014, 10:20 AM), http://prawfsblawg.blogs.com/prawfsblawg/2014/08/learning-outcomes-are-coming-learning-outcomes-are-coming-what-they-are-and-how-to-draft-them.html

Is Yours One of the 45 Law Schools to Which it is Worth Going: A Look at the Broken Market for Legal Education, PrawfsBlawg (May 15, 2014, 2:39 AM), http://prawfsblawg.blogs.com/prawfsblawg/2014/05/is-yours-one-of-the-45-law-schools-to-which-it-is-worth-going-a-look-at-the-broken-market-for-legal-.html

Student Teaching Evaluations, PrawfsBlawg (May 5, 2014, 1:13 AM), http://prawfsblawg.blogs.com/prawfsblawg/2014/05/student-teaching-evaluations.html

Sen. Elizabeth Warren's New Memoir of Special Interest to Law Profs, PrawfsBlawg (May 3, 2014, 1:33 PM), http://prawfsblawg.blogs.com/prawfsblawg/2014/05/sen-elizabeth-warrens-new-memoir-of-special-interest-to-law-profs.html

Lax Enforcement of Vaccine Laws Put Young Adults at Risk, Bill of Health (Apr. 16, 2014), http://blogs.law.harvard.edu/billofhealth/category/contributors/jennifer-bard/