David Orentlicher

Samuel R. Rosen Professor of Law
Co-director of the William S. and Christine S. Hall Center for Law and Health


Indiana University Robert H. McKinney School of Law
Lawrence W. Inlow Hall, Room 331
530 W. New York Street
Indianapolis, IN 46202-3225

Phone: (317) 274-4993
Fax: (317) 274-0455
E-Mail: dorentli@iu.edu


SSRN | Web Page

Education

B.A., 1977, Brandeis University
M.D., 1981, Harvard Medical School
J.D., 1986, Harvard Law School

Courses

Health care law, constitutional law, trust and estates, professional responsibility

Bio

In addition to his positions at the law school, David Orentlicher is an adjunct professor of medicine at Indiana University School of Medicine. Before coming to IU, he served as director of the Division of Medical Ethics at the American Medical Association for six-and-a-half years. While there, he led the drafting of the AMA’s first patients’ bill of rights, guidelines for physician investment in health care facilities that were incorporated into federal law, and guidelines on gifts to physicians from industry that have become the industry standard and a standard recognized by the federal government. He helped develop many other positions—on end-of-life matters, organ transplantation, and reproductive issues—that have been cited by courts and government agencies in their decision-making. He also held adjunct appointments at the University of Chicago Law School and Northwestern University Medical School.

Following law school, where he was a commentary and book review office chair of the Harvard Law Review, he clerked for the Honorable Alvin B. Rubin, U.S. Court of Appeals for the Fifth Circuit. He has practiced both medicine and law, each for about two years, and is a member of the American Law Institute.

He has held a number of distinguished visiting professorships, serving as Visiting DeCamp Professor in Bioethics at Princeton University, Frederick Distinguished Visiting Professor of Ethics at DePauw University, and George E. Allen Professor of Law at T. C. Williams School of Law, University of Richmond. He has published Matters of Life and Death with Princeton University Press, and is co-author of the casebook Health Care Law and Ethics, now in its 7th  edition. He also has written widely in leading legal and medical journals on critical issues in medical ethics, including end-of-life decisions, new reproductive technologies, and organ transplantation, as well as on affirmative action and other questions in constitutional law.

As a member of the Indiana House of Representatives from November 2002 to November 2008, he authored legislation to make health care insurance more affordable, increase the pool of venture capital for new businesses, and ensure better protection of children from abuse and neglect.

Publications

(SSRN: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=154795)

Books and Chapters

  • *Orentlicher, Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch (NYU Press 2013)
  • *Orentlicher, Hall & Bobinski, Bioethics and Public Health Law (2nd ed., Aspen Publishers 2008)
  • *Hall, Bobinski & Orentlicher, Health Care Law and Ethics (8th ed., Wolters Kluwer 2013; 7th ed., Aspen Publishers 2007; 6th ed. Aspen Law & Business 2003); Curran, Hall, Bobinski & Orentlicher, Health Care Law and Ethics (5th ed. Aspen Law & Business 1998).
  • *Orentlicher, Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law (Princeton University Press 2001)
  • Orentlicher, “Genetic Privacy in the Patient-Physician Relationship,” in Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era 77-91 (Rothstein, ed., Yale University Press 1997).
  • *Health Care Crisis? The Search for Answers (Misbin, Jennings, Orentlicher & Dewar, eds., University Publishing Group 1995)
  • Orentlicher, “Organ Donation--the Willing Donor,” in Ethics in Emergency Medicine 214-222 (Iserson, Sanders & Mathieu, eds., 2d ed., Galen Press 1995).

Law Review and Journal Articles

  • Orentlicher, “Health Care Reform and Efforts to Encourage Healthy Choices by Individuals,” 92(5) North Carolina Law Review (forthcoming 2014)
  • Orentlicher, “A Restatement of Health Care Law,” 79(2) Brooklyn Law Review (forthcoming 2014)
  • Orentlicher, "The FDA's Graphic Tobacco Warnings and the First Amendment," 369 New England Journal of Medicine 204 (2013)
  • Orentlicher, "NFIB v. Sibelius: Proportionality in the Exercise of Congressional Power," 2013(5) Utah Law Review
  • Orentlicher, "Deactivating Implanted Cardiac Devices: Euthanasia or the Withdrawal of Treatment?," 39 William Mitchell Law Review 1287 (2013)
  • Orentlicher and David, Concussion and Football: Failures to Respond by the NFL and the Medical Profession, 8 FIU Law Review 17 (2013)
  • Orentlicher, “Rights to Health Care in the United States: Inherently Unstable,” 38 American Journal of Law and Medicine 326 (2012)
  • Orentlicher, "Constitutional Challenges to the Health Care Mandate: Based in Politics, Not Law," 160 University of Pennsylvania Law Review PENNumbra 19 (2011)
  • Orentlicher, "The Legislative Process Is Not Fit for the Abortion Debate," 41(4) Hastings Center Report 13 (2011).
  • Orentlicher, "Can Congress Make You Buy Broccoli? And Why It Really Doesn't Matter," 84 Southern California Law Review Postscript 9 (2011).
  • Orentlicher, "Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between the Morally Right and the Socially Feasible," 36 Journal of Corporation Law 807 (2011)
  • Orentlicher, "The Commercial Speech Doctrine in Health Regulation: The Clash Between the Public Interest in a Robust First Amendment and the Public Interest in Effective Protection from Harm," 37 American Journal of Law & Medicine 299 (2011)
  • Orentlicher, "Cost Containment and the Patient Protection and Affordable Care Act," 6 FIU Law Review 67 (2010)
  • Orentlicher, “Multiple Embryo Transfers: Time for Policy,” 40(3) Hastings Center Report 12 (2010)
  • Orentlicher, "Rationing Health Care: It's a Matter of the Health Care System's Structure," 19 Annals of Health Law 449 (2010)
  • Orentlicher, "Discrimination Out of Dismissiveness: The Example of Infertility," 85 Indiana Law Journal 143 (2010)
  • Orentlicher, "Health Care Law: A Field of Gaps," 19 Annals of Health Law 1 (2010)
  • Orentlicher, "Prescription Data Mining and the Protection of Patients’ Interests," 38 Journal of Law, Medicine & Ethics 74 (2010)
  • Orentlicher, “Health Care Reform: Beyond Ideology,” 301 JAMA 1816-1818 (2009).
  • Orentlicher, “Presumed Consent to Organ Donation: Its Rise and Fall in the United States,” 61 Rutgers Law Review 295-331 (2009)
  • Orentlicher, “Diversity: A Fundamental American Principle,” 70 Missouri Law Review 777-812 (2005)
  • *Orentlicher, “Making Research a Requirement of Treatment: Why We Should Sometimes Let Doctors Pressure Patients to Participate in Research,” 35(5) Hastings Center Report 20-28 (2005).
  • Orentlicher and Callahan, “Feeding Tubes, Slippery Slopes and Physician-Assisted Suicide,” 25 Journal of Legal Medicine 389-409 (2004)
  • Orentlicher, “The Rise and Fall of Managed Care: A Predictable Tragic Choices Phenomenon,” 47 St. Louis University Law Journal 411-421 (2003).
  • Orentlicher, “Conflicts of Interest and the Constitution,” 59 Washington and Lee Law Review 713-766 (2002).
  • *Orentlicher, “Universality and Its Limits: When Research Ethics Can Reflect Local Conditions,” 30 Journal of Law, Medicine & Ethics 403-410 (2002).
  • Orentlicher, “Placebo-Controlled Trials of New Drugs: Ethical Considerations,” 24 Diabetes Care 771-772 (2001) (invited commentary).
  • Orentlicher, “Beyond Cloning: Expanding Reproductive Options for Same-Sex Couples,” 66 Brooklyn Law Review 651-683 (2000-2001).
  • Orentlicher, “Third Party Payments to Criminal Defense Lawyers: Revisiting United States v. Hodge and Zweig,” 69 Fordham Law Review 1083-1110 (2000).
  • Orentlicher, “The Implementation of Oregon’s Death with Dignity Act: Reassuring, but More Data Are Needed,” 6 Psych. Pub. Pol. and L. 489-502 (2000).
  • Orentlicher, “Paying Physicians More to Do Less: Financial Incentives to Limit Care,” 30 University of Richmond Law Review 155-197 (1996) (cited in the Court’s unanimous opinion in Pegram v. Herdrich, 530 U.S. 211, 220 (2000)).
  • *Orentlicher & Snyder, “Can Assisted Suicide be Regulated?,” 11 Journal of Clinical Ethics 358-366 (2000).
  • Orentlicher, “Medical Malpractice: Treating the Causes Instead of the Symptoms,” 38 Medical Care 247-249 (2000) (an invited editorial).
  • Orentlicher, “Representing Defendants on Charges of Economic Crime: Unethical When Done for a Fee,” 48 Emory Law Journal 1339-1376 (1999).
  • Orentlicher, “Cloning and the Preservation of Family Integrity,” 59 Louisiana Law Review 1019-1040 (1999).
  • Orentlicher, “The Misperception that Bioethics and the Law Lag Behind Advances in Biotechnology,” 33 Indiana Law Review 163-172 (1999).
  • *Orentlicher and Hehir, “Advertising Policies of Medical Journals: Conflicts of Interest for Journal Editors and Professional Societies,” 27 Journal of Law, Medicine & Ethics 113-121 (1999).
  • Orentlicher, “The Alleged Distinction Between Euthanasia and the Withdrawal of Life-Sustaining Treatment: Conceptually Incoherent and Impossible to Maintain,” 1998 University of Illinois Law Review 837-859.
  • Orentlicher, “Affirmative Action and Texas’ Ten Percent Solution: Improving Diversity and Quality,” 74 Notre Dame Law Review 181-210 (1998).
  • Orentlicher, “Spanking and Other Corporal Punishment of Children by Parents: Undervaluing Children, Overvaluing Pain,” 35 Houston Law Review 147-185 (1998).
  • *Orentlicher, “Practice Guidelines: A Limited Role in Resolving Rationing Decisions,” 46 Journal of the American Geriatrics Society 369-372 (1998) (symposium issue on ethical issues in managed care).
  • Orentlicher, “The Supreme Court and Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia,” 24 Hastings Constitutional Law Quarterly 947-968 (1997).
  • Orentlicher, “The Legalization of Physician-Assisted Suicide: A Very Modest Revolution,” 38 Boston College Law Review 443-475 (1997) (cited in a concurring opinion in Washington v. Glucksberg, 521 U.S. 702, 805 (1997)).
  • *Orentlicher, “The Supreme Court and Physician-Assisted Suicide--Rejecting Assisted Suicide But Embracing Euthanasia,” 337 New England Journal of Medicine 1236-1239 (1997).
  • Orentlicher, “Destructuring Disability: Rationing of Health Care and Unfair Discrimination Against the Sick,” 31 Harvard Civil Rights-Civil Liberties Law Review 49-87 (1996).
  • *Orentlicher, “The Legalization of Physician-Assisted Suicide,” 335 New England Journal of Medicine 663-667 (1996).
  • *Orentlicher, “Psychosocial Assessment of Organ Transplant Candidates and the Americans with Disabilities Act,” 18 General Hospital Psychiatry 5S-12S (1996).
  • Orentlicher, "Paying Physicians More to Do Less," 30 U. Rich. L. Rev. 155 (1996)
  • Orentlicher, “Health Care Reform and the Threat to the Patient-Physician Relationship,” 5 Health Matrix: Journal of Law-Medicine 141-180 (1995).
  • Orentlicher, “Organ Retrieval from Anencephalic Infants: Understanding the AMA’s Recommendations,” 23 Journal of Law, Medicine & Ethics 401-402 (1995).
  • Orentlicher, “Physician Advocacy for Patients under Managed Care,” 6 Journal of Clinical Ethics 333-334 (1995).
  • Orentlicher, “Managed Care and the Threat to the Patient-Physician Relationship,” 10 Trends in Health Care, Law & Ethics 19-24 (1995) (symposium issue on managed care).
  • Orentlicher, “The Limitations of Legislation,” 53 Maryland Law Review 1255-1305 (1994).
  • Orentlicher, “The Influence of a Professional Organization on Physician Behavior,” 57 Albany Law Review 583 605 (1994).
  • *Orentlicher, “Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 308 314 (1994).
  • Glasson & Orentlicher, “Caring for the Poor and Professional Liability: Is There a Need for Tort Reform?,” 270 J.A.M.A. 1740 1741 (1993) (an invited editorial).
  • *Orentlicher, “Corporal Punishment in the Schools,” 267 J.A.M.A. 3205 3208 (1992).
  • *Orentlicher, “The Illusion of Patient Choice in End of Life Decisions,” 267 J.A.M.A. 2101 2104 (1992).
  • *Wolf, Boyle, Callahan, Fins, Jennings, Nelson, Barondess, Brock, Dresser, Emanuel, Johnson, Lantos, Mason, Mezey, Orentlicher & Rouse, “Sources of Concern About the Patient Self Determination Act,” 325 New England Journal of Medicine 1666 1671 (1991).
  • *Orentlicher, “HIV Infected Surgeons: Behringer v Medical Center,” 266 J.A.M.A. 1134 1137 (1991).
  • *La Puma, Orentlicher & Moss, “Advance Directives on Admission: Clinical Implications and Analysis of the Patient Self Determination Act of 1990,” 266 J.A.M.A. 402 405 (1991).
  • *Orentlicher, “Denying Treatment to the Noncompliant Patient,” 265 J.A.M.A. 1579 1582 (1991).
  • *Orentlicher, “The Right to Die After Cruzan,” 264 J.A.M.A. 2444 2446 (1990).
  • *Orentlicher, “Drug Testing of Physicians,” 264 J.A.M.A. 1039 1040 (1990).
  • *Orentlicher, “Advance Medical Directives,” 263 J.A.M.A. 2365 2367 (1990).
  • *Orentlicher, “Genetic Screening by Employers,” 263 J.A.M.A. 1005, 1008 (1990).
  • *Winters, McIntosh, Cheitlin, Elon, Graboys, King, Murdaugh, Orentlicher, Ports, Rainer, “Ethics in Cardiovascular Medicine. Task Force II: The Relation of Cardiovascular Specialists to Patients, Other Physicians and Physician-Owned Organizations,” 16 Journal of the American College of Cardiologists 11-16 (1990).
  • Johnson, Phillips, Orentlicher & Hatlie, “A Fault Based Administrative Alternative for Resolving Medical Malpractice Claims,” 42 Vanderbilt Law Review 1365 1406 (1989).
  • *Orentlicher, “Cruzan v Director of Missouri Department of Health: An Ethical and Legal Perspective,” 262 J.A.M.A. 2928 2930 (1989).
  • *Orentlicher, “Physician Participation in Assisted Suicide,” 262 J.A.M.A. 1844 1845 (1989).
  • Orentlicher, “Does Mother Know Best?,” 40 Hastings Law Journal 1111 1122 (1989) (reviewing M. Field, Surrogate Motherhood (1988)).
  • Note, “Organizational Papers and the Privilege Against Self Incrimination,” 99 Harvard Law Review 640 654 (1986).
  • Supreme Court Case Comment, “Monopolization and the Duty to Cooperate: Aspen Skiing Co. v. Aspen Highlands Skiing Corp.,” 99 Harvard Law Review 275 283 (1985)
  • *Graves, Hudgins, DeLung, Burnett, Scanlon & Orentlicher, “Computerized Patient Flow Analysis of Local Family Planning Clinics,” 13 Family Planning Perspectives 164 170 (1981).

Essays and Reports

  • *Council on Ethical and Judicial Affairs, “Ethical Issues in the Patenting of Medical Procedures,” 53 Food and Drug Law Journal 341-351 (1998) (with Jarrard).
  • *Council on Ethical and Judicial Affairs, “Managed Care Cost Containment Involving Prescription Drugs,” 53 Food and Drug Law Journal 25-34 (1998) (with Quigley).
  • *Council on Ethical and Judicial Affairs, “The Use of Anencephalic Neonates as Organ Donors,” 273 J.A.M.A. 1614-1618 (1995) (with O’Neill).
  • *Council on Ethical and Judicial Affairs, “Financial Incentives for Organ Procurement: Ethical Aspects of Future Contracts for Cadaveric Donors,” 155 Archives of Internal Medicine 581-589 (1995) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues in Managed Care,” 273 J.A.M.A. 330-335 (1995) (with Harwood and Johnson).
  • *Council on Ethical and Judicial Affairs, “Ethical Considerations in the Allocation of Organs and Other Scarce Medical Resources Among Patients,” 155 Archives of Internal Medicine 29-40 (1995) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Disputes Between Medical Supervisors and Trainees,” 272 J.A.M.A. 1861-1865 (1994) (with Leslie and Halkola).
  • *Council on Ethical and Judicial Affairs, “Reporting Adverse Drug and Medical Device Events,” 49 Food and Drug Law Journal 359-365 (1994) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues in Health Systems Reform: The Provision of Adequate Health Care,” 272 J.A.M.A. 1056-1062 (1994) (with Harwood).
  • *Council on Ethical and Judicial Affairs, “Strategies for Cadaveric Organ Procurement: Mandated Choice and Presumed Consent,” 272 J.A.M.A. 809-812 (1994) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues Related to Prenatal Genetic Testing,” 3 Archives of Family Medicine 633-642 (1994) (with Leslie, Halkola, Feigenbaum).
  • Council on Ethical and Judicial Affairs, “Physician Assisted Suicide,” 10 Issues in Law & Medicine 91-97 (1994).
  • *Council on Ethical and Judicial Affairs, “Gender Discrimination in the Medical Profession,” 4 Women’s Health Issues 1 11 (1994) (with Harwood).
  • *Council on Ethical and Judicial Affairs, “Physician Participation in Capital Punishment,” 270 J.A.M.A. 365 368 (1993) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Caring for the Poor,” 269 J.A.M.A. 2533 2537 (1993) (with Johnson and Conley).
  • *Council on Ethical and Judicial Affairs, “Mandatory Parental Consent to Abortion,” 269 J.A.M.A. 82 86 (1993).
  • *Council on Ethical and Judicial Affairs, “Guidelines on Gifts to Physicians from Industry: An Update,” 47 Food and Drug Law Journal 445 458 (1992) (with Johnson).
  • *Council on Ethical and Judicial Affairs, “Confidentiality of HIV Status on Autopsy Reports,” 116 Archives of Pathology & Laboratory Medicine 1120 1123 (1992) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Physicians and Domestic Violence: Ethical Considerations,” 267 J.A.M.A. 3190 3193 (1992) (with Schweickart and Halkola).
  • *Council on Ethical and Judicial Affairs, “Conflicts of Interest: Physician Ownership of Medical Facilities,” 267 J.A.M.A. 2366 2369 (1992) (with Johnson and Conley).
  • *Council on Ethical and Judicial Affairs, “Decisions Near the End of Life,” 267 J.A.M.A. 2229 2233 (1992) (with Schweickart and Halkola).
  • *Board of Trustees, “Requirements or Incentives by Government for the Use of Long Acting Contraceptives,” 267 J.A.M.A. 1818 1821 (1992).
  • *Council on Ethical and Judicial Affairs, “Sexual Misconduct in the Practice of Medicine,” 266 J.A.M.A. 2741 2745 (1991) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Use of Genetic Testing by Employers,” 266 J.A.M.A. 1827 1830 (1991).
  • *Council on Ethical and Judicial Affairs, “Gender Disparities in Clinical Decision Making,” 266 J.A.M.A. 559 562 (1991) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Guidelines for the Appropriate Use of Do Not Resuscitate Orders,” 265 J.A.M.A. 1868 1871 (1991) (with Knight).
  • Council on Ethical and Judicial Affairs, “Gifts to Physicians From Industry,” 265 J.A.M.A. 501 (1991) (an editorial).
  • *Board of Trustees, “Legal Interventions During Pregnancy: Court Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women,” 264 J.A.M.A. 2663 2670 (1990) (with Halkola).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Conflicts of Interest in Medical Center/Industry Research Relationships,” 263 J.A.M.A. 2790 2793 (1990) (with Loeb).
  • *Board of Trustees, “Frozen Pre embryos,” 263 J.A.M.A. 2484 2487 (1990).
  • *Council on Ethical and Judicial Affairs, “Black White Disparities in Health Care,” 263 J.A.M.A. 2344 2346 (1990).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Medical Applications of Fetal Tissue Transplantation,” 263 J.A.M.A. 565 570 (1990) (with Evans).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Persistent Vegetative State and the Decision to Withdraw or Withhold Life Support,” 263 J.A.M.A. 426 430 (1990) (with Evans).

Book Reviews

  • Orentlicher, Book Review, Euthanasia and Law in the Netherlands, 25 Journal of Health Politics, Policy and Law 387-391 (2000).
  • Book Note, Medical Malpractice: Theory, Evidence, and Public Policy, 99 Harvard Law Review 2001 2007 (1986).

Other Publications

  • Orentlicher & Caplan, “Legislation and End-of-Life Care,” 283 J.A.M.A. 2934-2935 (2000) (reply to letters to the editor).
  • Orentlicher, “Principle, Practice, and the Right to Die,” 2(3) ASBH Exchange 1 (1999).
  • Orentlicher, “Mother deserves murder charge,” USA Today, May 24, 1999, 26A.
  • Orentlicher, “Hope for those in need of marrow transplants,” Indianapolis Star, December 29, 1998, A11.
  • Orentlicher, “With proper safeguards, a medical ID will be a lifesaving health policy,” Insight, August 24, 1998, 24.
  • Orentlicher, “Terminal Sedation,” 338 New England Journal of Medicine 1230 (1998) (reply to letters to the editor).
  • Orentlicher, “Medical Trials for Assisted Suicide,” Louisville Courier-Journal, September 3, 1997, 11A.
  • Orentlicher, “Trends suggest ‘duty to die’ may supplant ‘right’ question,” Portland Oregonian, June 27, 1997, B9.
  • Orentlicher, “Why we must preserve the right to die,” Baltimore Sun, October 29, 1996, 9A.
  • Orentlicher, “Navigating the Narrows of Doctor-Assisted Suicide,” Technology Review 62-63 (July 1996).
  • Glasson & Orentlicher, “Mandated Choice for Organ Donation,” 273 J.A.M.A. 1176-1177 (1995) (letter to the editor).
  • Glasson & Orentlicher, “Essential vs Discretionary Health Care in System Reform,” 273 J.A.M.A. 919 (1995) (reply to a letter to the editor).
  • Orentlicher, “Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 1903-1904 (1994) (reply to a letter to the editor).
  • Glasson & Orentlicher, “HIV Testing: AMA Code of Ethics,” 271 J.A.M.A. 1160 (1994) (letter to the editor).
  • Glasson & Orentlicher, “Gifts From Industry: Laundering Money or Supporting Education?,” 271 J.A.M.A. 505 (1994) (reply to a letter to the editor).
  • Clarke & Orentlicher, “Parental Consent for Abortion,” 269 J.A.M.A. 2211 (1993) (reply to a letter to the editor).
  • Clarke & Orentlicher, “Self-Referral by Physicians,” 328 New England Journal of Medicine 1278 (1993) (letter to the editor).
  • Clarke & Orentlicher, “Reporting Abuse of Competent Patients,” 268 J.A.M.A. 2378 (1992) (reply to a letter to the editor).
  • Clarke & Orentlicher, “‘Futility’ as a Criterion in Limiting Treatment,” 327 New England Journal of Medicine 1240 (1992) (letter to the editor).
  • Clarke & Orentlicher, “Diagnosis of Brain Death and Organ Donation,” 268 J.A.M.A. 1859-1860 (1992) (reply to a letter to the editor).
  • Emanuel, Emanuel & Orentlicher, “Advance Directives,” 266 J.A.M.A. 2563 (1991) (letter to the editor).
  • Orentlicher, “Webster and the Fundamental Right to Make Medical Decisions,” 15 American Journal of Law and Medicine 184-188 (1989).

Presentations

  • "Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch," at University of Pennsylvania School of Law (April 2, 2013)
  • See Prof. Orentlicher's comments on CNN about the oral arguments before the Supreme Court on the constitutionality of Obamacare.
  • See Professor Orentlicher's comments at NY Times online on the Virginia federal court's invalidation of the "individual mandate" to purchase health care insurance
  • See Professor Orentlicher's comments on topical issues at Politico.com
  • "The Constitutionality of the Patient Protection and Affordable Care Act," 28th Annual Jefferson Fordham Debate, University of Utah S. J. Quinney College of Law (February 6, 2012)
  • "Controlling Health Care Costs through Agency Oversight: The Conflict between the Morally Right and the Socially Feasible," Journal of Corporation Law Symposium (February 18, 2011)
  • "Cost Containment and the Patient Protection and Affordable Care Act," Florida International University Law Review Symposium (November 12, 2010)
  • "The Broken Presidency: How It Has Failed Us and How We Can Fix It," American Political Science Association Annual Meeting (September 3, 2010)
  • "Universal Access to Health Care: The Lessons of History," 32nd Annual Health Law Professors Conference (June 5, 2009)
  • "Stem Cells: Ethical Considerations," Ballenger Eminent Persons Lecture Series (March 25, 2009)
  • “Expensive New Drugs: Are They Worth It?,” University of Illinois College of Medicine (October 29, 2008)
  • “Health Care Reform in the United States: The Lessons of History,” Harvard Medical School Alumni Perspectives in Health Care in 2008 and Beyond (September 28, 2008)
  • “A Right to Health Care Under the Constitution: Why Not?”, Constitution Day Program, Southern Illinois University School of Medicine (September 17, 2008)
  • “Implementing Best Practices: Converting Good Ethics into Good Law,” Confronting the Ethics of Pandemic Influenza Planning: The 2008 Summit of the States (July 14, 2008)
  • “Life and Death and the Courts,” Illinois Advanced Judicial Academy (June 7, 2002)
  • Congressional testimony on the “Pain Relief Promotion Act of 1999” (H.R. 2260), before the Subcommittee on the Constitution, Committee on the Judiciary, U.S. House of Representatives (June 24, 1999)
  • “Medical Futility,” Consortium on Bioethics and Social Responsibility, Oriel College, Oxford University (March 30, 1998)



 *Refereed