Professor Elizabeth McCuskey

Elizabeth McCuskey


Law School / Faculty




UMass School of Law


University of Pennsylvania Law SchoolJD
University of PennsylvaniaBA


  • Civil Procedure


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.


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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