Assistant Professor of Law

		Curriculum Vitae

Education

B.A., 1999, University of Pennsylvania
J.D., 2002, Stanford University

Bio

Professor Cortez teaches and writes in the areas of health law, FDA law, administrative law, and the legislative process.  His scholarship focuses on international and comparative health law, particularly the regulation of emerging international markets in health care and biotechnology, such as cross-border health care, medical tourism, and clinical trials.  He also writes about immigration federalism. 

Before joining the SMU law faculty, Professor Cortez practiced with the Washington, D.C., law firm Arnold & Porter, where he represented medical technology clients in administrative, legislative, litigation, and transactional matters, with a special emphasis on health care fraud and abuse, FDA enforcement, health privacy, and the Medicare and Medicaid programs.  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.  

Primary Articles

Recalibrating the Legal Risks of Cross-Border Health Care, 10 YALE JOURNAL OF HEALTH POLICY, LAW, AND ETHICS (forthcoming, Winter 2010)

International Health Care Convergence:  The Benefits and Burdens of Market-Driven Standardization, 26 WISCONSIN INTERNATIONAL LAW JOURNAL 646-704 (2009) (symposium article)

The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws, 60 SMU LAW REVIEW 47-66 (2008)

Patients Without Borders: The Emerging Global Market for Patients and the Evolution of Modern Health Care, 83 INDIANA LAW JOURNAL 71-132 (2008)

The Food and Drug Administration's Evolving Regulation of Press Releases: Limits and Challenges, 61 FOOD AND DRUG LAW JOURNAL 623-651 (2006) (with William Vodra and David Korn)

Books

Biopharmaceuticals: Definition and Regulation, in PRECLINICAL SAFETY EVALUATION OF BIOPHARMACEUTICALS (John Wiley & Sons 2008) (with Lincoln Tsang)

Speeches/Presentations

A Blueprint for U.S. Immigration Reform, DREAM Act Symposium, Southern Methodist University, Dallas, TX (Apr. 9, 2009)

"Bill Would Help Educate Children of Illegal Immigrants," Dallas Morning News (Apr. 4, 2009)

"Lower Costs Lure U.S. Patients Abroad for Treatment," CNN (Mar. 27, 2009)

"AdvoCare's Suit Aims at Athletes Falsely Blaming Supplements for Failed Tests," F-D-C Reports, The Tan Sheet 6-7 (Feb. 23, 2009)

"Swimmer's Fight with Carrollton Nutrition Firm AdvoCare Makes Waves," Dallas Morning News (Feb. 16, 2009) 

"It's a World of Risk for Medical Tourists," Los Angeles Daily Journal (Dec. 10, 2008)

Is Chevron Out of Gas? Current Trends in Administrative Law, Appellate Judges Education Institute, Phoenix, AZ (Nov. 14, 2008)

The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws, LatCrit XIII, Representation and Republican Governance:  Critical Interrogation of Electoral Systems and the Exercise of the Franchise, Seattle University School of Law, Seattle, WA (Oct. 3, 2008)

"International Health Care Convergence: The Benefits and Burdens of Market-Driven Standardization," 31st Annual Health Law Professors Conference, American Society of Law, Medicine, & Ethics (ASLME), DREXEL UNIVERSITY SCHOOL OF LAW, Philadelphia, PA (June 6, 2008)

Commenter on Prof. Keith Aoki's "Invisible Cities: Three Local Government Models and Immigration Regulation," Colloquium on Law & Citizenship, SMU LAW SCHOOL, Dallas, TX (April 16, 2008)

"International Health Care Convergence: The Benefits and Burdens of Market-Driven Standardization," Dialogue on Cross-Border Health Care, WISCONSIN INTERNATIONAL LAW JOURNAL, Madison, WI (March 7, 2008)

"Passport to Healthcare: The Emergence of High-Quality, Low-Cost Treatment Abroad," ATLANTA LIFE MAGAZINE 40-43 (January 2008)

"When Does FDA Regulate Press Releases? And What Rules Apply?", CENTER FOR BUSINESS INTELLIGENCE, Webinar (November 15, 2007)

"Employers, Insurers Consider Overseas Health Care," All Things Considered, NATIONAL PUBLIC RADIO (November 14, 2007)

"Medical Tourism: Ethical Pitfalls of Seeking Health Care Overseas," 23 (11) MEDICAL ETHICS ADVISOR 121-125 (November 2007)

"The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws," Symposium on Immigrants, Vigilantes, and Immigration Reform: Civil Rights in the 21st Century, SMU LAW SCHOOL, Dallas, TX (October 19, 2007)

"Biosimilars in the FDA Regulatory Context," Symposium on New Developments in Drug Approval Law, SETON HALL LAW SCHOOL, Center for Health and Pharmaceutical Law, Newark, NJ (April 20, 2007)

Other

The Life Cycle of Objectionable Drug Marketing Practices, co-posted on Health Reform Watch (March 17, 2009) and Concurring Opinions (March 8, 2009)

Trends in Criminal Enforcement Against Off-Label Promotion, The American Bar Association's 21st Annual National Institute on White Collar Crime, at L-23 to L-33 (2007) (with Robert Litt)

HHS OIG Issues Criteria for Evaluating State False Claims Acts, 2 JOURNAL OF PAYMENT SYSTEMS LAW 593-598 (2006) (with Dara Corrigan)

Global Privacy Law Update, 20 (6) COMPUTER & INTERNET LAWYER 1-6 (June 2003) (with John Bentivoglio and Sarah Kirk)