Millions of Americans are skipping cancer screenings because they don't know they cost $0 out-of-pocket. New study with Wendy Epstein proves that info works. We're looking for partners 🤝 & funders 💵 to scale up and save lives. 🚀 onlinelibrary.wiley.com/share/author...

New essay with Wendy Epstein explains the life-or-death stakes in the debate about whether to extend Obamacare subsidies or shift Americans to big cost-exposures. For the full argument, also see my book, Exposed (2019, Harvard U Press). www.chicagotribune.com/2025/12/08/o...

New @jama.com paper on governance of AI in hospitals. Important new guidance while we have no state or federal licensure of AI tools. But big burdens on small hospitals. With IG Cohen and S Palmieri of @petrieflomcenter.bsky.social LMK if you need full text. jamanetwork.com/journals/jam...

New paper out in @nejm.org explaining how First Amendment rights to religion can be used as a shield to protect public health interventions, such as safe-injection sites, against legal challenge. @benjaminabarsky.bsky.social +Caplan-Bricker LMK if you need full text. www.nejm.org/doi/abs/10.1...

Save the date! Jan 23-24 BU is hosting the Compassionate Use and Pre-Approval Working Group meeting, CUPACon 2026!

NYT says the shutdown is about "an extension of expiring Affordable Care Act tax credits." No, the enhanced credits were created in 2021 & extended in 2022 to go ABOVE the limits set by ACA. If/when these credits expire, we go back to ACA levels. Still, deadly. theconversation.com/health-insur...

Delighted to work with Jennifer Miller to comment on pharma using speakers bureaus. As we write, "In the US health care system, somebody must inform and educate clinicians about new treatments." Is pharma money the best we can do? Check it out. jamanetwork.com/journals/jam...

interesting that the Federal Judicial Center page on the contempt power seems to be down. www.fjc.gov/history/work... still available at Wayback though web.archive.org/web/20250607...

"Some innovation saves lives; some innovation kills people,” says Robertson. www.technologyreview.com/2025/06/13/1...

This week (Apr29), I am co-convening a Congressional briefing on the huge disparities in payment for surgeries for women and how that leads to really bad outcomes -- lifelong pain, disabilities, and even death. You get what you pay for! You can help! ....

“Licensed professionals are not supposed to be following orders of non-licensed professionals when it comes to clinical care. ... That said [often] the relationships are so close that the corporate practice of medicine doctrine has basically been eviscerated.” www.statnews.com/pharmalot/20...

Check out our new book, Health Law as Private Law. In addition to the amazing co-editors and authors -- too many to list here, I am particularly excited to have Alexander Calder on the cover. The book is open-access, so dig in! www.cambridge.org/core/books/h...

Check out the short podcast JAMA recorded with me to discuss the American Law Institute's new Restatement for medical liability. jamanetwork.com/learning/aud...

The new restatement for medical liability moves towards evidence-based care. I'm quoted as saying, doctors "should not fear liability if they're just practicing good medicine. ... American doctors are probably too scared of liability..." www.medpagetoday.com/practicemana...

Our new special communication in @jama.com discussing the new restatement on medical liability. The new approach supports physicians who follow the science, rather than blind custom. If you need full text let me know. jamanetwork.com/journals/jam...

I spent several years working with the California State Bar to understand the racial disparities in the system of attorney discipline, and what we could do about it. Profs Fortney and Zirke have chronicled that work in a new piece: journals.library.wustl.edu/lawpolicy/ar...

Last week, I made a trip to Loyola Chicago to speak on GLP-1 drugs and off-label use, with vertically-integrated companies. Here is my part, but others include those by @nathancortez.bsky.social @govindpersad.bsky.social who spoke just before me. luc.hosted.panopto.com/Panopto/Page...

New in ELJ: "Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries and What the Law Can Do About It" by @profcrobertson.bsky.social, Annabel Kupke, and Dr. Louise P. King. scholarlycommons.law.emory.edu/elj/vol74/is...

My new NEJM piece on the vaping litigation. One angle that I could only allude to is this: the SCt says that agencies should be subject to presidential control, but here 5thCir dings FDA for flip-flopping when presidency changed. Which is the rule? @medlawdan.bsky.social www.nejm.org/doi/full/10....

Check out the new podcast featuring our work on structural sex discrimination in gynecology. shows.acast.com/6666be8ab6f3... And the paper: papers.ssrn.com/sol3/papers....

In another peer-rev paper, we have replicated our landmark finding that JD-Next exam has predictive validity = to LSAT but without the huge racial disparities. Now 50+ law schools are using JD-Next to admit diverse classes of law students. onlinelibrary.wiley.com/doi/full/10....

If you're talking about suing a prosecutor without mentioning immunity, you might be missing something.

Today some of the SupCt are gonna pretend that doctors are harmed when FDA merely allows them to prescribe a drug. Some of the justices really want to say that fetuses have standing instead, but the justices don't think the country is fully ready for that theocratic premise. Yet.

Mind-boggling to see the Right in the SupCourt today asking it to stop the FDA from allowing access to treatments. An inversion of 50+ years of rhetoric about govt interfering with the doctor-patient relationship and medical liberty. Oh well. "Agencies bad" is a simpler msg.

Yesterday I spoke @ industry conf for giving expanded access (EA) to drugs prior to FDA approval (aka "compassionate use"). Politicians have exploited patient desperation by passing a "Right to Try" (RTT) law that also immunizes companies & doctors (who have no liability anyway). My fav slide.

The Breyer interview seems so naive, arguing as if "originalist" and "textualists" aren't attentive to the consequences of their decisions, as if people flying those flags were somehow actually apolitical and tethered to a neutral history. If only.

Fascinating study of doctors behaving as businesses (with false views about customer satisfaction that are also deadly). www.science.org/doi/10.1126/...

At some point before AI causes extinction of the Huma race I hope that it will at least read my emails and texts and tell me if I have made a bonehead mistake with calendaring my appointments.

TFW Jamelle Bouie films a TikTok in which he calls The Political Value of Time one of his favorite books of political theory from the past few years & goes on to explain & apply several of its core arguments. Bouie’s Tiktoks are scholarly works of art www.tiktok.com/t/ZT87WJaoN/

New paper w phenom coauthors on surgical tools made for big (male) hands; surgeons with smaller hands (typically women) are harmed. How have markets and the law failed to solve the problem? Need access? LMK. jamanetwork.com/journals/jam...

An important argument by @lessig that "SCt should not remove Trump from ballot." He says it will be viewed as political not judicial. But do you reach the same conclusion if framed as "SCt should force a state official to put Trump on the ballot"? Any way out? lessig.medium.com/why-trump-sh...

Happy New Year, except for those with big medical bills. For them, the deductible resets so they are essentially uninsured until they spend $1000 or so out of pocket. Crazy way to design health coverage, as I have argued in my book. www.hup.harvard.edu/books/978067...

In a recent 5th Circuit decision the court held that FDA couldn't advise the public about drug safety. An inversion of the First Amendment and bad precedent. Check out my new NEJM commentary with a JD student at BU Law. www.nejm.org/doi/full/10....