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Associate Dean for Research and Associate Professor of Law


Email: ncortez@smu.edu

Phone: 214-768-1002

Fax: 214-768-3142

Web: http://nathan.cortez.googlepages.com

Education:

B.A., University of Pennsylvania
J.D., Stanford University

Professor Cortez teaches and writes in the areas of health law, administrative law, and FDA law.  His research focuses on emerging markets in health care and biotechnology. Prof. Cortez has become one of the world’s leading legal scholars on medical tourism, patient mobility, and cross-border health insurance, and has published several articles and book chapters on the legal and ethical implications of these phenomena. His research also addresses mobile health technologies, how to regulate innovations that disrupt static regulatory regimes, the First Amendment restraints on FDA regulation (including FDA's graphic tobacco warnings), immigration federalism, and alternative modes of regulation.
 
Professor Cortez has presented his research around the country to diverse audiences, including to professional societies, at industry conferences, to regulators, and at several law schools, including Harvard, North Carolina, Wisconsin, Texas, and Yale.  He also provides frequent legal commentary to the media, including the Associated Press, Chicago Tribune, CNN, the Huffington Post, the Los Angeles Times, NPR, and Slate.com (including his recent essay for Slate, The FDA Needs to Regulate Digital Snake Oil). 
 
Before joining the SMU faculty, Professor Cortez practiced with the Washington D.C. law firm Arnold & Porter, as part of its pharmaceutical, health care, and biotech practice.  He represented clients in health care regulatory matters, with a special emphasis on health care fraud and abuse, FDA enforcement, privacy, and the Medicare and Medicaid programs.  He represented clients during litigation, in corporate transactions, during agency enforcement actions, and during congressional investigations and hearings.  While at Arnold & Porter, Professor Cortez litigated pro bono cases with the Mexican American Legal Defense and Educational Fund (MALDEF), and was a Board Member of the D.C. Hispanic Bar Foundation.  In 2006, he was a Visiting Assistant Professor at Rutgers-Camden Law School.

In 2013, Professor Cortez and Glenn Cohen received a grant from the Radcliffe Institute for Advanced Study at Harvard University to host an Exploratory Seminar on Mobile Health.

Twitter: @nathancortez

Primary Articles

Regulating Disruptive Innovation, 29 Berkeley Technology Law Journal 173 (2014)

The Mobile Health Revolution? 47 U.C. Davis Law Review 1173 (2014)
 
Do Graphic Tobacco Warnings Violate the First Amendment?, 64 Hastings Law Journal 1467-1500 (2013)
 
A Medical Malpractice Model for Developing Countries?, 4 Drexel Law Review 217 (2011) (symposium article)
 
Adverse Publicity by Administrative Agencies in the Internet Era, 2011 BYU Law Review 1371 (2011)
 
Can Speech by FDA-Regulated Firms Ever Be Noncommercial?, 37 American Journal of Law & Medicine 388 (2011) (peer-reviewed) (symposium article)
 
Embracing the New Geography of Health Care:  A Novel Way to Cover Those Left Out of Health Reform, 84 Southern California Law Review 859 (2011)
 
Recalibrating the Legal Risks of Cross-Border Health Care, 10 Yale Journal of Health Policy, Law, & Ethics 1 (2010) (peer reviewed)
 
International Health Care Convergence:  The Benefits and Burdens of Market-Driven Standardization, 26 Wisconsin International Law Journal 646 (2009) (symposium article)
 
The Local Dilemma:  Preemption and the Role of Federal Standards in State and Local Immigration Laws, 60 SMU Law Review 47 (2008) (symposium article)
 
Patients Without Borders:  The Emerging Global Market for Patients and the Evolution of Modern Health Care, 83 Indiana Law Journal 71 (2008)

The Food and Drug Administration’s Evolving Regulation of Press Releases:  Limits and Challenges, 61 Food & Drug Law Journal 623 (2006) (with William Vodra and David Korn) (peer reviewed)

Speeches/Presentations

Three Decades Plus of FDA Software Regulation
Radcliffe Institute for Advanced Study
Harvard University (Sep. 20, 2013)

Innovations Without Clear Regulatory Precedents
(with Aaron Kesselheim)
Radcliffe Institute for Advanced Study
Harvard University (Sep. 20, 2013)

Is the FDA Equipped to Regulate Mobile Health?
Harvard Law School (June 5, 2013)

The Legal Ambiguities of Medical Tourism
University of North Carolina School of Law (Feb. 1, 2013)

International Health Care Convergence
University of Paris, Hospital Saint-Louis (Aug. 22, 2012)

Immigrants and Health Reform
Hispanic National Bar Association (Sep. 1, 2011)

Cross-Border Health Care and the Hydraulics of Health Reform
Harvard Law School (May 20, 2011)

Can Speech by FDA-Regulated Firms Ever Be Noncommercial?
Boston University School of Law (Feb. 26, 2011)

Is Cross-Border Health Insurance the Answer?
American Society of Law, Medicine, & Ethics
University of Texas School of Law (Jun. 4, 2009)

Emerging Legal Issues with Immigrant Access to Care
Fourth Annual William R. Courtney Lecture in Law
Texas A&M Health Sciences Center, College of Medicine (Mar. 17, 2010)

Ethics in Social Security Cases
U.S. Social Security Administration (Jan. 19, 2010)

The Changing Role of Markets and Competition in U.S. Health Care
Radboud University, Nijmegen, Netherlands (Oct. 2, 2009)

Recalibrating the Legal Risks of Cross-Border Health Care
Yale Law School (Sep. 22, 2009)

The Legal Impact of Voluntary Codes of Conduct in the Health Industry
Food and Drug Law Institute (Sep. 21, 2009)

International Health Care Convergence
University of Wisconsin School of Law (Mar. 7, 2008)

Book Chapters

Cross-Border Health Care and the Hydraulics of Health Reform, in The Globalization of Health Care:  Legal and Ethical Challenges (Oxford University Press, 2013)
 
Into the Void: The Legal Ambiguities of an Unregulated Medical Tourism Market, in Risks and Challenges in Medical Tourism: Understanding the Global Market for Health Services (Praeger Publishing 2012)
 
The Elusive Ideal of Market Competition in U.S. Health Care, in Health Care and EU Law (TMC Asser Press, 2011)
 
Biopharmaceuticals:  Definition and Regulation, Preclinical Safety Evaluation of Biopharmaceuticals:  A Science-Based Approach to Facilitating Clinical Trials 3 (John Wiley & Sons, 2008) (with Lincoln Tsang)