Professor of Law

Contact

  • Office: 120 Tremont St.,
  • Suite: 250-H
  • Phone: 617-573-8354
  • Fax: 617-305-3079
  • Email: mrodwin@suffolk.edu

Degrees

  • BA, Brown University
  • BA, MA, Oxford University
  • JD, University of Virginia
  • Ph.D., Brandeis University

Bar Admittance

  • MA
  • Washington D.C.

    Teaching

  • Health Law and Policy
  • Drug Law and Policy
  • Health Care Reform
  • Civil Disobedience and Social Movements
  • Biomedical Law and Public Policy
  • Comparative Health Law and Policy
  • Medical Malpractice and Its Reform
  • Managed Care Law
  • Conflicts of Interest Seminar
  • Professional Responsibility

Biography

Marc A. Rodwin is Professor of Law at Suffolk University Law School. He is the author of Conflicts of Interest and the Future of Medicine: The United States, France and Japan (Oxford, 2011); and Medicine, Money & Morals: Physicians' Conflicts of Interest (Oxford, 1993). Rodwin has testified before Congress and state legislatures and served on government commissions and advisory boards, including the Food and Drug Administration and the Indiana Commission on Hospital Antitrust. He has participated in meetings of the National Academy of Sciences, Institute of Medicine.

Rodwin has assisted consumer groups including the Consumer Federation of America, the National Partnership for Women and Families, and Consumer Coalition for Quality Health Care. He has worked as a consultant or expert witness on policy-related litigation involving fiduciary law, physicians' conflicts of interests, competition law, and managed care in numerous lawsuits.

Rodwin has been a recipient of several fellowships and grants including: Edmond J. Safra Ethics Center Lab Fellowship; Fulbright Fellowship, German Marshal Fund, Social Science Research Council/Abe Fellowship; Robert Wood Johnson Foundation Investigator Award, and the Pew Health Policy Doctoral Fellowship.

Rodwin has been a visiting faculty member or scholar at several universities in France and Japan. He has given talks at professional meetings and universities in France, Japan, Canada, the United Kingdom, Switzerland, Mexico, Tunisia and the U.S., including Harvard University, Yale University, Stanford University, University of Chicago, University of California, M.I.T., University of Virginia, and the RAND Corporation. He has participated in meetings sponsored by the American Bar Association, the National Academy of Sciences-Institute of Medicine, the Agency for Health Care Policy and Research, the American College of Physicians, the Health Care Financial Management Association, the National Health Policy Forum and other groups.

Prior to joining Suffolk University, Rodwin was Associate Professor at Indiana University School of Public and Environmental Affairs and before that, he was a lecturer at Tufts and Brandeis Universities. He has also practiced civil litigation in Boston law firms and worked as a consultant. Member, Phi Beta Kappa.

Rodwin has published in The New England Journal of Medicine; The Journal of the American Medical Association; Health Affairs; British Medical Journal; Journal of Health Politics, Policy and Law; The Milbank Quarterly; The American Prospect; Journal of Law, Medicine and Ethics; The American Journal of Law and Medicine; The Cambridge Quarterly for Health Care Ethics; Journal of Health Law; Michigan Journal of Law Reform and several other journals.

Professional Activities

Advisory Board: Open Society Institute program on Medicine as a Profession. Editorial boards: Journal of Health Politics, Policy and Law; the American Journal of Law and Medicine; Health Expectations: An International Journal of Participation in Health Care. Co-organizer of Brief of Health Law, Policy, and Ethics Scholars as Amici Curiae, In Support of Respondent, Pegram v. Herdrich. Past program chair and past forum chair, American Public Health Law Association, Health Law Section.

Publications

Books

CONFLICTS OF INTEREST AND THE FUTURE OF MEDICINE: THE UNITED STATES, FRANCE AND JAPAN (New York: Oxford University Press, 2011) (Paperback, 2013).

MEDICINE, MONEY AND MORALS: PHYSICIANS' CONFLICTS OF INTEREST (New York: Oxford University Press, 1993) (Paperback 1995)

Book Chapters

Conflicts of Interest in Biomedical Publications, in SCIENCE EDITORS' HANDBOOK (2nd ed., Smart and Pippa eds., 2013) 160-63 (with Herve Maisonneuve)

Qualification et régulation des conflits d’intérêts des professionnels de santé en France et aux Etats-Unis : l’exemple du « médecin-entrepreneur», in DROIT, SCIENCES ET TECHNIQUES : QUELLES RESPONSABILITÉS ? COLLOQUES & DÉBATS. (LexisNexis, 2011) (with Moret-Bailly, Joël )

Patient Appeals as Policy Disputes: Individual and Collective Action in Managed Care, in PATIENTS AS POLICY ACTORS (Rutgers University Press, Beatrice Hoffman and Nancy Tomes eds., 2011)

Patient Data: Professionalism, Property and Policy, in MEDICAL PROFESSIONALISM IN A NEW INFORMATION AGE (Rutgers University Press, David Rothman and David Blumenthal eds., 2010)

The Metamorphosis of Managed Care, in LER CONGRESO INTERNACIONAL DE MEDICINA Y SALUD. (México, D.F.: Universidad Nacional Autonoma de México., Octavio Rivero Serrano ed., 2009)

Chapter 9: Physicians' Conflicts of Interest in HMOs and Hospitals, in CONFLICTS OF INTEREST IN CLINICAL PRACTICE AND RESEARCH (Roy Spece, Jr. and David Shimm and Allen Buchanan eds., 1996)

Halfway Competitive Markets and Ineffective Regulation: The American Health Care System, in COMPETITION IN THE HEALTH CARE SECTOR: TEN YEARS LATER (Durham: Duke University Press, W. Greenberg ed., 1988)

Articles

Rooting out Institutional Corruption to Manage Inappropriate Off-label Use, 41 :3 J.L. MED. & ETHICS 654 (2013)

Five Uneasy Pieces to Pharmaceutical Policy Reform, 41 :3 J.L. MED. & ETHICS 581 (2013)

Institutional Corruption and Pharmaceutical Policy, 41 :3 J.L. MED. & ETHICS 544 (2013)

Independent Drug Testing to Ensure Drug Safety and Efficacy, Edmond J. Safra Working Papers, No. 23 (2013)

Independent Clinical Trials to Test Drugs: The Neglected Reform, 6 ST. LOUIS U. J. HEALTH L. & POL'Y 113 (2012)

Conflicts of Interest, Institutional Corruption, and Pharma: An Agenda for Reform, 40 :3 J.L. MED. & ETHICS 511 (2012)

Clinical Trial Data as a Public Good, 308 :9 JAMA 871 (2012) (with John Abramson)

La qualification de conflits d'interets des medecins en France et aux Etats-Unis, 2012 :3 la Revue de Droit Sanitaire et Social 501 (2012) (with Joel Moret-Bailly)

Reforming Pharmaceutical Industry-Physician Financial Relationships: Lessons from the United States, France and Japan, 39 :4 J. L. MED. & ETHICS 662 (2011)

Why We Need Health Care Reform Now, 36 J. HEALTH POL. POL'Y & L. 597 (2011)

New Standards for Medical Review Organizations: Holding Them and Health Plans Accountable for Their Decisions, 30 :3 HEALTH AFFAIRS 519 (2011)

Patient Data: Property, Privacy & the Public Interest, 36 AM. J.L. & MED. 586 (2010)

Drug Advertising, Continuing Medical Education, and Physician Prescribing: A Historical Review and Reform Proposal, 38 J.L. MED. & ETHICS 807 (2010)

The Metamorphosis of Managed Care: Implications for Health Reform Internationally, 38 :2 J.L. MED. & ETHICS 352 (2010)

The Case for Public Ownership of Patient Data, 302 :1 J. AM. MED. ASS'N 86 (2009)

Malpractice Premiums in Massachusetts: A High-Risk State: 1975-2005, 27 :3 HEALTH AFFAIRS 835 (2008) (with Hak J. Chang, Melissa M. Ozaeta and Richard J. Omar)

Medical Commerce, Physician Entrepreneurialism, and Conflicts Of Interest, 16 CAMBRIDGE Q. HEALTHCARE ETHICS 387 (2007)

Malpractice Premiums and Physicians' Income: Perceptions of a Crisis Conflicts with Empirical Evidence, 25 :3 HEALTH AFFAIRS 750 (2006) (with Hak J. Chang and Jeffrey Clausen)

Financial Incentives for Doctors, 328 BMJ 1328 (2004)

The Dark Side of a Consumer-Driven Health System, 19 FRONTIERS IN HEALTH SERVICE MANAGEMENT 31 (2003)

The Politics of Evidence-Based Medicine, 26 J. HEALTH POL. POL'Y & L. 439 (2001)

Consumer Voice and Representation in Managed Healthcare, 34 J. HEALTH L. 223 (2001)

Physicians' Conflicts of Interest in Japan and the United States: Lessons for the United States, 25 J. HEALTH POL. POL'Y & L. 343 (2000)

Exit and Voice in American Health Care, 32 U. MICH. J.L. REFORM 1041 (1999)

Backlash: As Prelude to Managing Managed Care, 24 J. HEALTH POL. POL'Y & L. 1115 (1999)

Drive-Through Delivery: Where Are the "Savings"?, 56 MEDICAL CARE RESEARCH AND REVIEW 30 (1999) (with Ming Tai-Seale and Gerard Wedig)

Conflicts of Interest and Accountability in Managed Care: The Aging of Medical Ethics, 46 J. AM. GERIATRICS SOC'Y 338 (1998)

The Neglected Remedy: Strengthening Consumer Voice in Managed Care, 34 THE AMERICAN PROSPECT 45 (1997)

Consumer Protection and Managed Care: The Need for Organized Consumers, 15 HEALTH AFFAIRS 110 (1996)

Consumer Protection and Managed Care: Issues, Reform Proposals, and Trade-Offs, 32 HOUS. L. REV. 1319 (1996)

Managed Care and the Elusive Quest for Accountable Health Care, 1 WIDENER L. SYMP. J. 65 (1996)

Managed Care and Consumer Protection: What are the Issues?, 26 SETON HALL L. REV. 1007 (1996)

Conflicts in Managed Care, 332 NEW ENG. J. MED. 604 (1995)

Strains in the Fiduciary Metaphor, 21 AM. J.L. & MED. 241 (1995)

Patient Accountability and Quality of Care: Lessons from Medical Consumerism and the Patients' Rights, Women's Health and Disability Rights Movements, 20 AM. J.L. & MED. 147 (1994)

Inside Information and Peer Review, 3 ETHICS & BEHAVIOR 135 (1993)

The Organized American Medical Profession's Response to Financial Conflicts of Interest: 1890-1992, 70 THE MILLBANK Q. 703 (1992)

Physicians' Conflicts of Interest: The Limitations of Disclosure, 321 NEW ENG. J. MED. 1405 (1989)

Commentary - Preventing AIDS: Self-Interest and Public Spirit, 4 AIDS & PUB. POL'Y J. 131 (1989)

Halfway Competitive Markets and Ineffective Regulation: The American Health Care System, 13 J. HEALTH POL. POL''Y & L. 323 (1988) (with Altman, Stuart H.)

Can Bargaining and Negotiation Change the Administrative Process?, 3 ENVTL. IMPACT ASSESSMENT REV. 373 (1982)

BLOGS


MANAGING OFF-LABEL DRUG USE, http://healthaffairs.org/blog/2013/12/17/managing-off-label-drug-use/

ON THE INDIVIDUAL MANDATE: CONGRESS CAN CONSTITUTIONALLY BUILD ON PRIVATE INSURANCE HEALTH AFFAIRS BLOG MAY 1, 2012, http://healthaffairs.org/blog/2012/03/28/marc-rodwin-on-the-individual-mandate-argument-allow-congress-to-build-on-private-insurance/