Thaddeus Pope is an Associate Professor of Law and a member of the Health Law
Institute at Widener University School of Law. Professor Pope received a B.A. from the
University of Pittsburgh in 1992, a J.D. from Georgetown University in 1997, and a Ph.D.
(in Philosophy) from Georgetown University in 2003. 

Following graduation from law school, Professor Pope clerked for the U.S. Court of
Appeals for the Seventh Circuit. He then worked as a litigation attorney with Arnold
& Porter LLP in Los Angeles from 2000 to 2005, and as an Assistant Professor of Law
with the University of Memphis from 2005 to 2007. Professor Pope teaches and writes in
the areas of Health Law, Bioethics, Public Health, and Torts. 

Health Law and Bioethics

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Physicians and Safe Harbor Legal Immunity, Annals of Health Law -- forthcoming (2011)

Professor Sandra Johnson has identified what she calls physician’s “bad law” claims. In some circumstances,...

 

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Introduction: Caring for the Seriously Ill, Cost and Public Policy (with Robert M. Arnold and Amber E. Barnato), The Journal of Law, Medicine & Ethics (2011)
 

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The Best Interest Standard: Both Guide and Limit to Medical Decision Making on Behalf of Incapacitated Patients, The Journal of Clinical Ethics (2011)

In this issue of JCE, Douglas Diekema argues that the best interest standard (BIS) has...

 

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Resolving Medical Futility Disputes (with Donna Casey), DNA Reporter (2011)
 

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Comparing the FHCDA to Surrogate Decision Making Laws in Other States, Health Law Journal (2011)

This is my invited contribution to a special symposium issue of the New York State...

 

Public Health Law

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The Slow Transition of U.S. Law Toward a Greater Emphasis on Prevention, Prevention vs. Treatment: Philosophical, Empirical and Cultural Reflections (2011)

United States law has long emphasized treatment over prevention. Only over the past decade have...

 

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The Topography and Geography of U.S. Health Care Regulation, The Journal of Law, Medicine & Ethics (2010)

This is a book review of Health Care Regulation in America: Complexity, Confrontation, and Compromise...

 

Editorial, U.S. Can Learn From China’s Reform Efforts, News Journal (Wilmington, DE) (2010)
 

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Bioethics Backlash: Implications of the Retreat from Autonomy for the Communication of Scientific Health Information (2010)

The doctrine of informed consent requires that the medical community communicate scientific health information to...

 

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Reuniting Human Rights and Bioethics to Address End-of-Life Medical Futility Disputes (2010)

The fields of bioethics and human rights should be reunited and harmonized. Each can benefit...

 

Torts

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Tort Liability and the IRB, Accountability in Research -- Forthcoming (2010)
 

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Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, Marquette Elder's Advisor (2008)

Over the past twenty-five years, a significant number of surrogate decision makers have demanded that...

 

Legal Issues (The Right to Privacy and Lawsuits) (with Paul F. Rothstein), Airline Passenger Security: New Technologies and Implementation (1996)
 

Jurisprudence

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Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism, UMKC Law Review (2005)

Restricting a person's substantially voluntary, self-regarding conduct primarily for the sake of that person is...

 

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Counting the Dragon’s Teeth and Claws: The Definition of Hard Paternalism, Georgia State University Law Review (2004)

In his classic 1897 essay, The Path of the Law, Oliver Wendell Holmes Jr. warned...

 

Social Contract Theory, Slavery, and the Antebellum Courts (with Anita L. Allen), A Companion to African American Philosophy (2003)