Elizabeth Weeks Leonard

J. Alton Hosch Professor of Law

B.A., Columbia University
J.D., University of Georgia

Courses: 

Torts
The Law of American Health Care
Health Care Financing & Regulation
Health Care Fraud & Abuse

Biographical Information: 

Elizabeth Weeks Leonard joined the Georgia Law faculty in 2011. She is currently a J. Alton Hosch Professor of Law. Her teaching and research interests include torts, health law, health care financing and regulation, and public health law.

Prior to coming to UGA, Weeks served on the faculty at the University of Kansas School of Law. During her time there, she was honored with the Howard M. and Susan Immel Award for Teaching Excellence and with the Meredith Docking Faculty Scholar Award, a university-wide honor for faculty who have distinguished themselves early in their careers. Additionally, she has served as a visiting professor at the University of the Pacific McGeorge School of Law and at Georgia Law.

Her scholarship includes a recently published book, The Law of American Health Care (with N. Huberfield and K. Outterson), and a forthcoming title, Healthism:  Health Status Discrimination and the Law.  She has also published numerous articles, including pieces in the Georgia Law Review, the Boston University Law Review, the Hofstra Law Review, the University of Pennsylvania Journal of Constitutional Law, the Washington University Law Review and the North Carolina Law Review. She was recognized as one of four emerging health law scholars nationwide by the American Society of Law, Medicine & Ethics with its Health Law Scholars Award in 2005. Weeks has also served as chair of the Association of American Law Schools Section on Law, Medicine, and Health Care and serves as co-editor of the Health Law Section of the online journal, Jotwell.

Before entering academe, Weeks worked as an associate in the Health Industry Group at Vinson & Elkins in Houston. She also served as a judicial clerk for Judge Jacques L. Wiener Jr. of the U.S. Court of Appeals for the 5th Circuit and for Chief Justice Thomas R. Phillips of the Supreme Court of Texas.

Weeks earned her bachelor's degree from Columbia University and her law degree summa cum laude from the University of Georgia, where she was on the Jessup Moot Court Team, was editor-in-chief of the Georgia Law Review and was inducted into the Order of the Coif.  Before returning to her hometown of Athens for law school, Leonard was a psychiatric social worker in Chicago.

Publications & Activities

ARTICLES

What is (and isn't) Healthism?,  50 Ga L. Rev. 833 (2016) (with J. Roberts).

Best Practices for a State Alzheimer's Disease Registry: Lessons from Georgia, 17 Minn. J. L. Sci. & Tech. 221 (2016) (with R. Bu & A. Brown).

The Fragility of the Affordable Care Act's Universal Coverage Strategy, 46 Univ. Tol. L. Rev. 559 (2015).

Crafting a Narrative for the Red State Option, 102 Ky. L.J. 381 (2014).

Death Panels and the Rhetoric of Rationing,13 Nev. L.J 872 (2013).

Plunging Into Endless Difficulties: Medicaid and Coercion in National Federation of Independent Business v. Sebelius, 93 B.U. L. Rev. 1 (2013) (with N. Huberfeld and K. Outterson).

Employers United: An Empirical Analysis of Corporate Political Speech in the Wake of the Affordable Care Act, 38 J Corp. L. 217 (2013).

Affordable Care Act Litigation: The Standing Paradox, 38 Am. J.L. & Med. 410 (2012).

The Rhetoric Hits the Road: State Challenges to the Affordable Care Act Implementation, 46 U. Rich. L. Rev. 781 (2012).

Can You Really Keep Your Health Plan? The Limits of Grandfathering Under the Affordable Care Act, 36 J. Corp. L. 753 (2011).

Rhetorical Federalism: The Value of State-Based Dissent to Federal Health Reform, 39 Hofstra L. Rev. 111 (2010).

State Constitutionalism and the Right to Health Care, 12 U. Pa. J. Const. L. 1325 (2010).

The Public's Right to Health: When Patient Rights Threaten the Commons, 86 Wash. U. L. Rev. 1335 (2009).

Cooperative Federalism and Health Care Reform: The Medicare Part D "Clawback" Example, 1 St. Louis Univ .J. Health L. & Pol'y 79 (2007).

Failure to Connect: The Massachusetts Plan for individual Health Insurance, 55 Kan L. Rev. 1283 (2007).

Beyond Compensation: Using Torts to Promote Public Health, 10 J. Health Care L. & Pol'y 27 (2007).

Lessons from Katrina: Response, Recovery, and the Public Health Infrastructure, 10 Depaul J. Health Care L. 251 (2007).

After the Catastrophe: Disaster Relief for Hospitals, 85 N.C. L. Rev. 223 - 300 (2006).

Gauging the Cost of Loopholes: Health Care Pricing and Medicare Regulation in the Post-Enron Era, 40 Wake Forest L. Rev. 1215 (2005).

The New Economic Credentialing: Protecting Hospitals from Competition by Medical Staff Members, 65 J. Health L. 247 (2003).

BOOKS

Healthism: Health Status Discrimination and the Law (Cambridge University Press, forthcoming, 2017) (with J. Roberts)

The Law of American Health Care (Aspen/Wolters Kluwer Law & Business, 2016) (with N. Huberfeld & K. Outterson).

BOOK CHAPTERS

States' Rights: Point/Counterpoint, DEBATES ON U.S. HEALTH CARE REFORM (Sage Publications, Wendy E. Parmet, ed., 2013).

Medical-Legal Partnership: Three Voices from the Law School Clinic, VULNERABLE POPULATIONS AND TRANSFORMATIVE LAW TEACHING: A CRITICAL READER 337 (Carolina Academic Press, 2011) (with MaryBeth Musumeci & Brutrinia D. Arellano).

Tort Litigation for the Public's Health, RECONSIDERING LAW AND POLICY DEBATES: A PUBLIC HEALTH PERSPECTIVE 187 (Cambridge Univ. Press, John G. Culhane, ed., 2010).

Beyond Compensation: Using Torts to Promote Public Health, PUBLIC HEALTH: ENFORCEMENT AND LAW 43 (Icfai Univ. Press, A. Sabitha ed., 2008).

OTHER PUBLICATIONS

A Response to Beyond Separation: Professor Copeland’s Ambitious Proposal for “Integrative” Federalism, 15 U. Pa. J. Con. L. Heightened Scrutiny 29 (2013).               

New Deal Lessons for the Affordable Care Act:  The General Welfare Clause, 14 U. Pa. J. Con. L. Heightened Scrutiny 5 (2012).

Rhetorical Federalism: The Role of State Resistance in Health Care Decisionmaking, J.L. Med. & Ethics 73 (2011) (symposium on Using Law, Policy, and Research to Improve the Public's Health).

What I Talk About When I Talk about Health Law, 18 Annals Health L. 9 (2010) (special edition commemorating the 25th anniversary of the Beazley Institute for Health Law and Policy, Loyola University Chicago School of Law).

Right to Experimental Treatment: FDA New Drug Approval, Constitutional Rights, and the Public's Health, 37 J.L. Med. & Ethics 269 (2009) (symposium on Pharmaceutical Innovation: Law & the Public's Health).

Teaching Sicko, "Teaching Health Law" column, 37 J.L. Med. & Ethics 139 (2009).

Loopholes: Opportunity, Responsibility, or Liability? "The Ethical Health Lawyer" column, 35 J.L. Med. & Ethics 320 (2007).

Is It Worth the Trouble? The New Policy on Dissemination of Information on Off-Label Use Under the Food and Drug Modernization Act, 54 Food & Drug L.J. 645 (1999).

Note, The Newly Found "Compassion" for Sexually Violent Predators: Civil Commitment and the Right to Treatment in the Wake of Kansas v. Hendricks, 32 Ga. L. Rev. 1261 (1998).

SELECTED PROCEEDINGS

Co-Editor, Jotwell (Journal of Things We Like (Lots)), Health Law Section, 2012 – present (with co-editor Carl Coleman).

Program Chair and Moderator, Panel on American Exceptionalism: Health Reform and the Persistence of Employer-Based Benefits, Co-sponsored by the Sections on Law, Medicine & Health Care, and Employee Benefits and Executive Compensation, Association of American Law Schools Annual Meeting, New Orleans, LA, Jan. 5, 2013

Invited Reader/Mentor, Health Law Scholars Program, Saint Louis University School of Law, Center for Health Law Studies, St. Louis, MO, Sept. 14 – 16, 2012

Moderator, Opening Plenary Session, The Future of the Affordable Care Act – Looking Beyond the Supreme Court Decision, Health Law Professors Conference, Arizona State University School of Law, Tempe, AZ, June 8, 2012

Invited Guest Editor, Symposium on Public Health Reform: Patient Protection and Affordable Care Act Implications for the Public's Health, 39 J.L. Med. & Ethics 312 (2011).

Faculty Convenor, Kansas Journal of Law & Public Policy Symposium: The Role of States in Federal Health Care Reform, University of Kansas School of Law, Lawrence, KS, February 11, 2011.

Faculty Convenor, Kansas Law Review Symposium: The Massachusetts Plan and the Future of Universal Coverage, University of Kansas School of Law, Lawrence, KS, Nov. 10, 2006.

Counsel of Record, Florida v. U.S. Dep’t of HHS, No. 11-400, In the Supreme Court of the United States, Brief of Amici Curiae Health Law & Policy Scholars and Prescription Policy Choices in Support Of Respondents on the Constitutional Validity of the Medicaid Expansion, filed Feb. 17, 2012

Signatory, U.S. Dep’t of HHS v. Florida, No. 11-398, In the Supreme Court of the United States, Brief of 104 Health Law Professors as Amici Curiae in Support of Petitioners (Minimum Coverage Provision), filed Jan. 13, 2012

Counsel of Record States of Texas, Kentucky, Maine, Missouri, and New Jersey v. Michael Leavitt, No. 135, Original, In the Supreme Court of the United States, Brief of Professors and Practitioners of Health Law as Amici Curiae in Support of Plaintiffs, cert. denied, June 19, 2006