SMU Dedman School of Law

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

Professor Cortez teaches and writes in the areas of health law, administrative law, food and drug law, and legislation.  His research focuses on emerging markets in health care and biotechnology, and he has become one of the world’s leading legal scholars on medical tourism, patient mobility, and cross-border health insurance.  Professor Cortez has published several articles and book chapters on cross-border health care, as well as articles on medical malpractice in developing countries, federal agencies’ use of alternative modes of regulation, the First Amendment implications of FDA regulations, immigration federalism, and European law on patient mobility. 
 
Professor Cortez has presented his research around the country, to professional societies, at industry conferences, to regulators, and at several law schools, including Harvard, the University of Wisconsin, the University of Texas, and Yale.  He also frequently provides legal commentary to the media, including the Chicago Tribune, CNN, the Los Angeles Times, NPR, and the Associated Press.
 
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 in litigation, in 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.

Primary Articles

Medical Apps, Disruptive Innovation, and Regulatory Timing (work-in-progress)
 
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)

Books

Cross-Border Health Care and the Hydraulics of Health Reform, The Globalization of Health Care:  Legal and Ethical Challenges (Oxford University Press, forthcoming 2012)
 
The Legal Ambiguities of an Unregulated Market, Medical Tourism:  Risks and Controversies in the Exploding Industry of Global Medicine (Praeger Publishing, forthcoming 2012)
 
The Elusive Ideal of Market Competition in U.S. Health Care, Health Care and EU Law 359 (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)