Professor Elizabeth McCuskey

Elizabeth McCuskey

Professor

Law School / Faculty

508-985-1145

508-985-1115

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UMass School of Law


Education

University of Pennsylvania Law SchoolJD
University of PennsylvaniaBA

Teaching

  • Civil Procedure

Teaching

Courses

Introduction to the procedural rules governing non-criminal disputes, with focus on the Federal Rules of Civil Procedure, including jurisdiction, service of process, venue, parties, pleading and discovery, the right to jury trial, the trial process, appellate review, and res judicata.

Introduction to the procedural rules governing non-criminal disputes, with focus on the Federal Rules of Civil Procedure, including jurisdiction, service of process, venue, parties, pleading and discovery, the right to jury trial, the trial process, appellate review, and res judicata.

A continuation of LAW 545, Civil Procedure I

An exploration of legal issues affecting provision and finance of health care in the United States. Topics include individual and institutional liability, public and private regulation, accreditation and licensure, hospital/medical staff relationships, heal th equity, and interaction of cost, quality, and access to care. Prior/current study of Constitutional Law II, Business Organizations, and Administrative Law are useful but not required.

An exploration of legal issues affecting provision and finance of health care in the United States. Topics include individual and institutional liability, public and private regulation, accreditation and licensure, hospital/medical staff relationships, heal th equity, and interaction of cost, quality, and access to care. Prior/current study of Constitutional Law II, Business Organizations, and Administrative Law are useful but not required.

An exploration of the laws governing the manufacture, marketing, and sale of food and drugs in America. Topics include prescription drugs, medical devices, biologics, cannabis, food, and carcinogens. This seminar emphasizes FDA and USDA regulation and litigation, while approaching the topics from diverse angles: legal history, administrative law, government relations, patent and intellectual property, litigation strategy, enforcement, and policy.

Research

Research Interests

  • Health Law & Health Reform
  • Health Equity
  • Food & Drug Law
  • Preemption
  • Courts

Professional Background

Professor McCuskey joined the UMass Law faculty in 2019 as a nationally-recognized expert in health law and civil procedure. Her research focuses on regulatory reforms for health equity and courts’ roles in securing those reforms. Professor McCuskey has published her scholarship in legal academic journals including The University of Pennsylvania Law Review, The Ohio State Law Journal, Temple Law Review, Nevada Law Journal, and Nebraska Law Review, in addition to the peer-reviewed interdisciplinary Journal of Legal Medicine and N.Y.U. Review of Employee Benefits and Executive Compensation. Her work on ERISA preemption and state health reform was featured on Health Affairs Blog and she has covered FDA preemption for SCOTUSBlog. The American Society for Law, Medicine, & Ethics selected Professor McCuskey as a 2016 Health Law Scholar and she serves as an adjunct of Saint Louis University’s Center for Health Law Studies.

An ardent believer in the power of public legal education, Professor McCuskey’s research informs her teaching in Civil Procedure, Health Law, Food & Drug Law, and Health Care Antitrust courses. Professor McCuskey also brings both academic and practice experience to the classroom. She previously directed the University of Toledo College of Law’s health law program and inter-professional joint degree programs combining law with medicine and public health. Before her academic career, Professor McCuskey practiced law with Drinker, Biddle, & Reath LLP, specializing in antitrust and appellate litigation for health care clients. In addition, she has served as a board member and advocate with Philadelphia Legal Assistance, a litigation assistant for Hale and Dorr LLP’s representation of Boston Scientific, an intern for then-Chief Judge David Faber on the U.S. District Court for the S.D.W.V., and a member of Advisory Committee to the U.S. District Court for the N.D.O.H.

Publications

Federalism, ERISA, & State Single-Payer Health Care, 168 U. PA. L. REV. __ (forthcoming 2020) (with Erin Fuse Brown).

Is the Preemption Clause of ERISA Unconstitutional?, _ N.Y.U. REV. EMPLOYEE BENEFITS & EXEC. COMP. __ (forthcoming 2019) (with Andrew Stumpff Morrison)

On Drugs: Presumption, Preemption, & Remedy, 38 J. LEGAL MED. 365 (2019).

Big Waiver under Statutory Sabotage, 44 OH. N. L. REV. 213 (2019).

The Body Politic: Federalism as Feminism in Health Reform, 11 ST. LOUIS U. J. HEALTH L. & POL’Y 303 (2018)

Agency Imprimatur & Health Reform Preemption, 79 OHIO ST. L. J. 1099 (2017).

Body of Preemption: Health Law Traditions and the Presumption against Preemption, 89 TEMPLE L. REV. 95 (2016).

Submerged Precedent, 16 NEVADA L. J. 515 (2016).

Clarity & Clarification: Grable Federal Questions in the Eyes of Their Beholders, 91 NEBRASKA L. REV. 387 (2012).

Structuring Jurisdictional Rules and Standards, 65 VANDERBILT L. REV. EN BANC 31 (2012) (with Scott Dodson)

External links

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