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SMU Dedman Law

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Altshuler University Distinguished Teaching Professor and Associate Professor of Law


Email: tmayo@mail.smu.edu

Phone: 214-768-3767

Web: http://tom.mayo.googlepages.com/home

Education:

B.A., 1971, Amherst College
J.D., 1977, Syracuse University College of Law

Following graduation, Professor Mayo was an associate with the Rochester, New York, firm of Nixon, Hargrave, Devans & Doyle (now Nixon Peabody, LLP) and then served during 1979-80 as a law clerk to the U.S. Court of Appeals for the District of Columbia Circuit. He was then associated with the Washington, D.C., firm of Covington & Burling where he practiced in the areas of antitrust, securities fraud, election law, and communications. In addition to his position at SMU, Professor Mayo is an Adjunct Associate Professor of Internal Medicine at the University of Texas Southwestern Medical School and is the immediate-past Director of SMU’s Cary M. Maguire Center for Ethics and Public Responsibility. He is a founding Fellow and past board member of the American Health Lawyers Association, the editor of the Medical Humanities Series of the SMU Press, a Fellow in the Dallas Institute for Humanities and Culture, a long-time member of the Council of the Health Law Section of the State Bar of Texas, and a recipient of the Dallas Medical Society’s Heath Award for his contributions to medicine and leadership in Dallas County. Professor Mayo has taught Administrative Law, Business Torts, Civil Procedure, Constitutional Law, Family Law, Federal Courts, Land Use, and Legislation, and currently teaches Bioethics & Law; Health Care Law; Law, Literature & Medicine; Nonprofit Organizations; and Torts.

Primary Articles

Tax-Exempt Hospitals: Renewed Focus on Indigent Care, 4 J. Health & Life Sciences L. 140 (2010)

THE BABY DOE RULES AND TEXAS’S ‘FUTILITY LAW’ IN THE NICU, 25 Georgia St. Univ. L. Rev. 1003-17 (2009)

THREE WAYS OF LOOKING AT A HEALTH LAW AND LITERATURE CLASS, 1 Drexel L. Rev. 512 (2009)

LIVING AND DYING IN A POST-SCHIAVO WORLD, 38 J. Health L. 587 (2006)

SEX, MARRIAGE, MEDICINE, AND LAW: WHAT HOPE OF HARMONY?, 42 Washburn Law Journal 269 (2003).

THE FIRST FIFTY YEARS: HEALTH LAW’S GREATEST HITS, 50 Syracuse Law Review 1261 (2000).

Books

Books:
TELEMEDICINE: SURVEY AND ANALYSIS OF FEDERAL AND STATE LAWS (AHLA, March 2007) (co-authored)

Book Chapters:
FUTILITY: MY LIFE, in The Picture of Health: Medical Ethics and the Movies (H. Colt, S. Quadrelli & L. Friedman, eds.) (Oxford Univ. Press 2011)

BIOETHICS, in Health Law Practice Guide (Gosfield et al., eds., 3d ed. 2011)

BIOETHICS, in Fundamentals Of Health Law (5th ed., 2011)

BIOETHICS, in Health Law Practice Guide (Gosfield et al., eds., 2d ed. 2009).

BIOETHICS, in Fundamentals of Health Law, 411-430 (4th ed. 2008).

LIVING GREATLY IN THE LAW: THREE LESSONS, in Law, Culture, and Economic Development: A Liber Amicorum for Professor Roberto MacLean, CBE, Studies Series in International Financial, Economic, and Technology Law (Vol 8 2007: Successor to the Yearbook of International Financial and Economic Law)

ETHICAL ASPECTS OF NEUROSURGICAL PRACTICE, in Textbook of Neurological Surgery, Batjer & Loftus, eds. (Lippincott Williams & Wilkins, 2002) (with Howard Morgan, M.D.).

BIOETHICS, in Fundamentals of Health Law (3d ed., 2004).

BIOETHICS, in Fundamentals of Health Law (2d ed., 2000).

DETERMINATION OF DEATH: LEGAL AND ETHICAL ISSUES, in Essentials of Pediatric Intensive Care (Levin & Morriss, 2d ed., 1997).

WITHHOLDING AND WITHDRAWING LIFE-SUSTAINING TREATMENT: LEGAL ISSUES, in Essentials of Pediatric Intensive Care (Levin & Morriss, 2d ed., 1997).

Section Editor, SECTION 15 (“ETHICAL AND LEGAL ISSUES), Essentials of Pediatric Intensive Care (Levin & Morriss, 2d ed., 1997) (8 chapters).

“FIFTH CIRCUIT,” in Sanctions Under Rule 11 and Other Powers (ABA 2d ed. 1988) (covering period from 1985-1987).

FIFTH CIRCUIT, in Sanctions Under Rule 11 and Other Powers (ABA 1986) (covering period from 1983-1985).
 
Articles
HEALTH CARE LAW, SURVEY OF TEXAS LAW, 63 SMU L. Rev. 607 (2010) (coauthored)

HEALTH CARE LAW, SURVEY OF TEXAS LAW, 62 SMU L. Rev. 1245-66 (2009) (co-authored).

ACTIVE SURVEILLANCE CULTURES AND CONTACT PRECAUTIONS FOR CONTROL OF MULTIDRUG-RESISTANT ORGANISMS: ETHICAL CONSIDERATIONS, 47 J. Clin. Infect. Dis. 110-16 (2008) (coauthored).

MANAGING AND REPORTING COMMUNITY INCIDENTS: ETHICAL CONSIDERATIONS, 25 Ped. Inf. Dis. J. 937 (Oct. 2006).

GETTING POLITICAL WITH SCIENCE, 13 SMU Research 21 (2006)

MEDICAL FUTILITY IN THE NICU: HOPE FOR A RESOLUTION, 116 Pediatrics 1219 (2005) (with Robert L. Fine et al.)

HEALTH INSURANCE AND CARDIAC TRANSPLANTATION: A CALL FOR REFORM, 45 J. Am. Coll. Cardiology 1388 (2005) (with Louise P. King et al.)

U.S. SUPREME COURT TO DECIDE WHETHER HMOS CAN BE SUED FOR NEGLIGENT TREATMENT DECISIONS, 8 Mealey’s Man. Care Liab. Rep 26-29 (March 2004).

COMMENTARY, CHANGING PROFESSIONAL VALUES, 22 Pediatric Infectious Diseases Journal 1096-1098 (Dec. 2003).

HEALTH CARE LAW, SURVEY OF TEXAS LAW, 56 SMU Law Review 1767-1782 (2003).

RESOLUTION OF FUTILITY BY DUE PROCESS: EARLY EXPERIENCE WITH THE TEXAS ADVANCE DIRECTIVES ACT, 138 Annals of Internal Medicine 743-746 (May 2003) (with Robert Fine, M.D.).

U.S. SUPREME COURT TO REVIEW KENTUCKY’S  “ANY WILLING PROVIDER LAW,” Mealey’s Managed Care Reporter (2002).

“HEALTH LAW,” SURVEY OF TEXAS LAW, 55 SMU Law Review 1113 (2002).

“HEALTH LAW,” SURVEY OF TEXAS LAW, 53 SMU Law Review 1101 (2000).

SYMPOSIUM ON STATUTORY INTERPRETATION: FOREWORD, 53 SMU Law Review (2000).

QUI TAM ON THE LAM: FIFTH CIRCUIT FIRE THE FIRST SALVO - WILL THE SUPREME COURT BE NEXT?, Matthew Bender Health Care Law Monthly (Dec. 1999).

LIFE-AND-DEATH DECISIONS, 75 Texas Medicine 64 (Nov. 1999) (with Robert Fine, M.D.).

“HEALTH LAW,” SURVEY OF TEXAS LAW, 52 SMU Law Review 1259 (1999).

TEXAS’ NEW PHYSICIAN COLLECTIVE BARGAINING STATUTE – HELPING TO FATTEN PHYSICIANS’ WALLETS AND MAKE PATIENTS’ LEANER, Matthew Bender Health Care Law Monthly 3 (Sept. 1999).

TREATMENT ALTERNATIVES FOR THE DYING PATIENT: MEDICAL ETHICS AND THE LAW, 11 Baylor University Medical Center Proceedings 175 (1998) (with Robert Fine, M.D.)

“HEALTH LAW,” SURVEY OF TEXAS LAW, 50 SMU Law Review 1275 (with Max Maxwell, 1997).

Speeches/Presentations

“Health Care in [the Supreme] Court: The Patient Protections and Affordable Care Act on Trial,” UT-Southwestern Medical School, November 15, 2011

"The Trustee's Challenge: Mission, Money and Medicine," Annual Meeting, Texas Healthcare Trustees, Fort Worth, July 29, 2011

"End-of-life Decisions: What Patients and Families Need to Know," 43rd Annual Haltalin Seminar, Children's Medical Center, Dallas, April 29, 2011

"Is There a Duty to Die in Texas?", University of Texas at Dallas, March 29, 2011

"Advance Directives: Crossing the T's, Dotting the I's, and Minding your P's & Q's," The Senior Source, Dallas, January 5, 2011

"Professionalism & Poetry," Intersections: Literature + Medicine, Texas Health Presbyterian Hospital & SMU, Dallas, October 15, 2010

“Is Brain Death Dead?,” Annual Meeting, Texas Association of Neurological Surgeons, San Antonio, TX, March 6, 2010

“Is There a Duty to Die in Texas?,” Dr. Kenneth Street Law Symposium, Austin College, Sherman, TX, February 23, 2010 
 
“Physician Misconduct: Ethical and Legal Considerations,” Ethics Grand Rounds, UT-Southwestern Medical School, February 9, 2010

“National Health Insurance: Prospects & Pressure Points,” UT-Southwestern Medical Center, Dallas, July 28, 2009

“Twyla Tharp Goes to Law School: Incorporating Dance (and Painting and Sculpture) in a Course on Professionalism,” Beyond Text, University of Edinburgh School of Law, Edinburgh, June 21, 2009

“Death & Dying: Ethics & Law,” Leadership Dallas, Dallas Chamber of Commerce, March 6, 2009

“Futile Care Debate and Baby Doe: Resolving difficult cases when further treatment may be considered futile,” Georgia State Law Review Symposium, “The 25th Anniversary of the Baby Doe Rules: Perspectives from the Fields of Law, Health Care, Ethics, and Disability Policy,” Atlanta, February 13, 2009

“Ethical and Legal Aspects of End-of-Life Decision-making,” American Health Lawyers Association, Annual Hospitals and Health Systems Program, Phoenix, February 10, 2009
Panelist, “Teaching Health Law Through Literature,”  American Society for Law, Medicine & Ethics’ 31st Annual Health Law Professors Conference, Philadelphia, June 6, 2008

“The Future of Medical Futility in Texas After the Schiavo Case,” Grand Rounds, Department of Pediatrics, Children’s Medical Center, May 14, 2008

“The Texas Advance Directive Act: A Futile Law?,” Annual Meeting, Pediatric Academic Societies, Honolulu, May 5, 2008

“Introduction to End-of-Life Decision-making for Elder Law Attorneys,” Advanced Elder Law Course, State Bar of Texas, March 6, 2008

“Ethical and Legal Aspects of Uncompensated Care,” 2008 Spring Orientation and Workshop: Money, Mission, & Medicine, Texas Healthcare Trustees, Dallas, February 29, 2008

“The End-of-Life: Ethical Issues for Surgeons,” Annual Meeting, North Texas Chapter, American College of Surgeons, Dallas, February 23, 2008

“Legal and Ethical Aspects of End-of-Life Decision-making for Children with Neuromuscular Disease,” 30th Annual Carrell-Krusen Neuromuscular Symposium, Dallas, February 20, 2008

“Notifying the Patient and Their Family of Medical Error,” Denton Regional Medical Center, February 8, 2008

“The Future of Medical Futility in Texas After the Schiavo Case,” Pediatric Hematology-Oncology Grand Rounds, Children’s Medical Center of Dallas, January 29, 2008

“An Introduction to End-of-Life Decisions for Probate and Estate Lawyers,” Dallas Bar Association, Probate, Estate, and Trust Section, January 22, 2008

“The Future of End-of-Life Decision-making in Texas,” Department of Urology Grand Rounds, UT-Southwestern Medical School, January 11, 2008

“The Texas Advance Directives Act: Legal and Ethical Update,” 2nd Annual End of Life Care Conference, Legal Hospice of Texas, Plano, September 28, 2007

"End-of-Life Decision-making in Texas after the Schiavo Case," CSI Dallas: Social Workers in Health Care/Annual Social Work Conference, Presbyterian Hospital, Dallas, September 21, 2007

“Medical Futility and Texas Law,” Medical Ethics and Humanities Seminar, Department of Neurology, UT-Southwestern Medical School, June 26, 2007

“Legislative and Case Law Update on Futility and Advanced Directives Law,” Annual Meeting, State Bar of Texas, San Antonio, June 22, 2007

Panelist, “Town Hall Meeting: Is Uncontrolled DCD An Untapped Resource for Those Waiting on the List?,” Annual Meeting, Association of Organ Procurement Organizations, Dallas, June 15, 2007

“Neonatal Bioethics,” Grand Rounds, Neonatal Intensive Care Department, Parkland Memorial Hospital, June 14, 2007

“Medical Futility at End of Life,” Dallas Internists’ Club, UT-Southwestern Medical Center, May 3, 2007

"Treating Eating Disorders: The Ethical and Legal Thicket," 8th Annual Professional Symposium for the Prevention and Treatment of Eating Disorders, The Elisa Project, Dallas, April 20, 2007

"Religion, Conscience, and Controversial Clinical Practices," Ethics Discussion Forum, Children's Medical Center of Dallas, April 4, 2007

“Legal and Ethical Aspects of Advance Directives,” Medical Humanities Consultation, Department of Medical Humanities, Texas A&M Medical School, Salado, March 19, 2007

“Medical Privacy: DOA?,” The Institute for the Humanities at Salado, Salado (TX), March 18, 2007

“Mission, Money, and Medicine,” Leadership Dallas healthcare program, March 2, 2007

“Medical Futility at End of Life,” Hermann Memorial Hospital, Beaumont, Texas, February 1, 2007

Interview program (“Think”), KERA-FM, Dallas, February 6, 2007

“Ethics of Clinical Decision Making Under Extreme Conditions: Lessons from Hurricane Katrina,” Children’s Medical Center Dallas, January 4, 2007 (with Robert Bash, M.D.)

"’Doing What . . . And for Whom?,’ Navigating End-of-Life Decision-Making,” Parkland Nursing Leadership Academy, Dallas, December 11, 2006 (with John Sadler, M.D., and Katherine Delaney, M.D.)

"Litigating Disputes Over Medical Treatment of Minors," Council of Appellate Staff Attorneys Seminar, Dallas, November 11, 2006

“Medical Futility,” Parkland Memorial Hospital Leadership Breakfast, Dallas, November 9, 2006 (with John Sadler, M.D.)

“Anatomy of an Ethics Consult,” Ethics Discussion Forum, Children’s Medical Center of Dallas, November 2, 2006

“End-of-Life Decision-making After the Schiavo Case,” Annual Meeting, Texas Society for Social Work Leaders in Health Care, Dallas, October 27, 2006

Lecture, “Public Policy and Research in Science and Medicine,” in Regulatory and Public Policy Considerations in Research (BSCI 520304), UT-Southwestern Medical Center at Dallas, August 8, 2006

"The Trustee's Challenge: Mission, Money, and Medicine," Texas Healthcare Trustees, San Antonio, August 5, 2006

Panel discussion, “Responding to a pandemic: ethical and public health challenges,” UT-Southwestern Medical School, Seventh Annual Critical Care Conference, Dallas, May 4, 2006

"End-of-Life Decision Making," Baylor University Medical Center, Great American Health Care Challenge, Dallas, April 29, 2006

"Darwin, Intelligent Design, and Mr. Jefferson's Wall," Dallas Institute of Humanities and Culture, "The Meaning & Value of Life: Evolutionary Biology and Intelligent Design," March 22 & 29 and April 5, 2006

“The Ethics of Espionage,” Prestonwood Rotary Club, Dallas, March 30, 2006

Panel discussion, "Intro to Health Law and Medical Ethics," Health Journalism 2006: National Conference of the Association of Health Care Journalists," Houston, March 17, 2006 (with William Winslade, Ph.D.) 
 
"Privacy, the Constitution, and Your Health," panelist, Planned Parenthood of North Texas, Fort Worth, February 27, 2006 
 
"DNR, Futility, and the Future after Schiavo," national teleconference, Defense Research Institute, January 31, 2006 
 
“Doing What . . . and for Whom? Navigating End-of-Life Decision-making,” Ethics Grand Rounds, UT-Southwestern Medical School, January 10, 2006 (with Kathleen Delaney, M.D., and John Sadler, M.D.) 
 
“Medicine, Literature & Ethics,” Ethics Discussion Forum, Children’s Medical Center of Dallas, January 4, 2006