Health Medical

Courses,

Law School

Biography

Philip G. Peters,

Jr.

University of Missouri-Columbia 573-***-****

School

of Law

FAX 573-***-****

*** ******* **** *******@********.***

Columbia, Missouri 65211 www.law.missouri.edu/peters

Current Employment

University of

Missouri-Columbia, School of Law

Ruth L. Hulston Professor of Law

(since 1995); Associate Professor of Law

(1986-95)

Currently teaching Torts, Health Care Law,

Bioethics, Genetics and the Law, and The Social and Legal Implications of

Genetically-Modified Food.and Health Care

Finance and Access.

Associate Dean for Faculty Research & Development (Aug. 1, 2002-July 31,

2004)

Responsible for faculty recruitment, the

speaker series, work-in-progress workshops, the faculty research leave

program, development of interdisciplinary academic programs, and

participation in a re-accreditation self-study report.

Director, MU Biotechnology & Society Program (2000-present)--an

interdisciplinary initiative to examine the social, ethical and legal

implications of agricultural and human biotechnology.

Missouri Institute of Public

Policy, Truman

School of Public Affairs (affiliated faculty member 1999-present)

MU Center for Family Policy & Research,

Fellow (2004-present).

Other Academic Experience

University of Louisville,

School of Law, Louisville, Kentucky, Lecturer, Health Law (1984-86)

University of Oklahoma,

College of Law, Visiting Assistant Professor of Law (1979-81)

Oklahoma City University,

College of Law, Summer School Faculty (1980).

Legal Practice

Woodward, Hobson & Fulton,

2500 First National Tower, Louisville, Kentucky 1983-86

Private civil practice

concentrating in malpractice, health, and product liability litigation.

Craig and Macauley Professional Corporation,

One Post Office Sq., Boston, MA 1981-83

Trial practice involving

personal injury and commercial lending.

Civil Rights Division, United States

Department of Justice,

Washington, D.C. 1976-79

Trial attorney litigating

housing and credit discrimination.

United States Department of State,

Office of the Legal Advisor, Washington,

D.C. Summer 1975.

Education

University of

California at Berkeley, J.D.,

1976; Order of the Coif (top 10%)

Board of

Editors, California Law Review; Berkeley Law Foundation (founding member)

University of Edinburgh,

Scotland; Rotary Foundation Postgraduate Fellowship, 1972-73 Economic

history; intercollegiate basketball

Harvard University

(Economics), B.A., 1972; cum laude; varsity football

Publications

A. Books

How Safe is Safe

Enough? Obligations to the Children of Reproductive Technology

(Oxford University Press, 2004) (addressing the logical, constitutional, and

policy puzzles posed when we regulate reproductive behavior on behalf of

future persons).

B. Book

Chapters, Anthologies or Entries

Harming Future

Persons: Obligations to the Children of Reproductive Technology in

Legal and Ethical Issues in Human

Reproduction (Bonnie Steinbock ed., Ashgate, 2002)

Obligations to Future

Persons, Encyclopedia of Bioethics

(3rd edition, 2003).

C. Articles

Unwarranted Variations

in the Quality of Health Care: Can the Law Help Medicine Provide a

Remedy/Remedies?, 37 Wake Forest Law

Review (2002) (with John E. Wennberg, M.D.)

(symposium).

The Role of Empirical

Evidence in Malpractice Litigation, 37

Wake Forest Law Review (2002)

(symposium).

Staying Grounded,

Mizzou Magazine 91:1, Fall 2002

(explaining UMC s Biotechnology and Society Program).

The Role of the Jury in

Modern Malpractice Law, 87 Iowa Law

Review 909 (2002).

Reprinted in

52(1) Defense Law Journal (April 2003).

Breaking Down the

Boundaries of Malpractice Law, 65

Missouri Law Review 1047 (2001) (an introduction to student notes on

malpractice law).

The Quiet Demise of

Deference to Custom: Malpractice Law at the Millennium,

57 Washington & Lee Law Review 163

(2000).

Condensed in

The Reasonable Physician Standard: The New

Malpractice Standard of Care?, 34 Journal of Health Law 105 (2001).

The Changing Malpractice

Standard of Care, XIV(4) Health Law News

7 (2001) (same).

Hindsight Bias and Tort

Liability: Avoiding Premature Conclusions,

31 Arizona State Law Journal 1277 (2000).

Harming Future Persons:

Obligations to the Children of Reproductive Technology, 8

Southern California Interdisciplinary Law

Journal 365 (1999).

Reprinted inLegal and

Ethical Issues in Human Reproduction

(Bonnie Steinbock ed., Ashgate, 2002)

The Illusion of Autonomy at

the End of Life: Unconsented Life Support and the Wrongful Life Analogy,

45 UCLA Law Review 673 (1998).

When Physicians Balk at

Futile Care: Implications of the Disability Rights Laws, 90

Northwestern University Law Review 798 (1997).

Health Care Rationing and

Disability Rights, 70 Indiana Law Journal

491 (1995).

Rethinking Wrongful Life:

Bridging the Boundary Between Tort and Family Law, 67

Tulane Law Review 397 (1992).

The Physician's Decision to

Use Tube Feedings The Role of the Family, the Living

Will, and the Cruzan Decision, 40

Journal of the American Geriatrics Society

475 (1992) (with Ely et al.) .

Physician Willingness to

Withhold Tube Feeding after Cruzan: An Empirical Study, 57

Missouri Law Review 831 (1992)

(with Ely, Zweig, Elder, and Schneider)

Community Attitudes and

Knowledge About Advance Care Directives, 5

Journal of the American Board of Family Practice 565 (1992) (with Elder,

et al).

The Constitution and the

Right to Die, 6(4) Midwest Medical Ethics

13 (1990).

The State's Interest in the

Preservation of Life: From Quinlan to Cruzan, 50

Ohio State Law Journal 893 (1989).

Protecting the Unconceived:

Nonexistence, Avoidability and Reproductive Technology,

31

Arizona Law Review 487 (1989).

Book Review, Who Should

Decide: Paternalism in Health Care, by James F. Childress, 23

Journal of Family Law 287 (1984).

Note, 64

California Law Review 516 (1976).

Numerous op-ed pieces on

access to health care and malpractice litigation.

D. Works in Progress

Ascertaining Embryo

Failure with Kathy Timms, PhD, Dept of OB/Gyn, expected submission April 2005

(exploring when in vitro embryos have died ).

The Meaning of Human

Conception (exploring the implications for early embryo moral status of the

fact that the alignment, joinder, and activation of the chromosomes contributed

by sperm and egg take roughly two days; expected submission April 2005).

The Constitution and the

Regulation of Reproductive Technology (expected submission Fall 2005; an

revision and expansion of part of my book on the regulation of reproductive

technology). Collateral Damage in the Abortion

Wars: The Barrier Created by Partial Birth Abortion Statutes to the Withholding

of Inhumane Care from Newborns (with Frank Clark, MD, JD)

The Racial Achievement Gap:

Staggered Starts and the Promise of Early Education (an examination of the

racial achievement gap and the hope of reducing it with better preschool

education).

Facts and Myths About

Medical Malpractice Litigation (a review of the empirical findings; updating

earlier and more general work on tort litigation by Galanter and then Saks).

Looking for the Lottery:

Medical Malpractice Settlement Patterns (a review of the studies)

After Affirmative Action:

Closing the Racial Test-Score Gap with Early Education (a book manuscript that

is in its early stages)

Labeling and Information

Theory: The Case Study of GM Food. Thom Lambert and I will co-author this

piece and present it at a conference on Nov. 5, 2005. The papers will be

published in an anthology by Cambridge U. Press in its applied philosophy

series.

Factual

Uncertainty and Risk-Utility Analysis (under submission to law reviews) Who

Has Responsibility for Safeguarding Workers With Genetic Susceptibilities to

Workplace Toxins (an experimental study examining how people would allocate the

cost of protecting genetically-sensitive workers against workplace toxins).

Co-principal investigator with Jennifer Robbennolt, JD, PhD, and Chris Guthrie,

JD, MS.

Grants

PI, Correlating Early

Education with Readiness to Start Kindergarten, MU Research Council ($4,918;

approved 2/14/2005; IRB approval 3/3/2005).

Malpractice Law, a chapter in a

textbook for teaching Barry Werth s book

Damages.

D. Areas of Current Research

Interest

Medical malpractice litigation

(the standard of care; the role of the jury)

Human genetics and reproductive

technology

Testing and labeling regulations

for genetically modified foods

The allocation of health care

resources

Honors

Merck Visiting Scholar,

Seton Hall Law School, Fall 2005 (one week endowed visitorship).

Life Fellow, Clare Hall,

Cambridge University (In residence,

Fall 2001, researching the regulation of reproductive and genetic technology).

American Law Institute

(elected 1997).

Consultative Group,

Restatement Third of Torts: Apportionment of Liability.

Consultative Group,

Restatement Third of Torts: General Principles.

Shook, Hardy & BaconAward for Excellence in Research, 1997 (an award presented since 1993 by

the UMC School of Law for the most outstanding faculty scholarship in the prior

year)

Nominee,

Chancellor s Award for Outstanding Research

and Creativity in the Behavioral and Social Sciences, 1996.

Shook, Hardy & BaconAward for Excellence in Research, 1995.

Shook, Hardy & BaconAward for Excellence in Research, 1993.

University Development

Leave, Fall 1993 (funded leave of

absence based on campus-wide competition, during which I studied epidemiology,

research methods and the history of health care delivery at the UMC Medical

School).

Social Science Research

Network (SSRN), Top Ten Downloads

in Tort Law or Health Law (several manuscripts).

Service

Reporter, Study

Committee on the Misuse of Genetic Information, National Conference of

Commissioners on Uniform State Laws (August

2004-present; the committee s recommendation on whether to draft a uniform law

for health insurance and employment discrimination is due in the summer of 2005)

International Center for

Indigenous Phytotherapy (TICIPS), an

NIH funded study of South African herbal medicines (consulting on the sharing of

commercial benefits with South Africa and its traditional healers).

American Law Institute

(see above)

The Family Health Center

(a non-profit community health center); President of the Board

Board (July 2003- July

2005), member since Jan. 2000.

Columbia Public Schools

Early Education Task Force (Fall

2004) (charged with drafting a strategic plan for addressing the fact that poor

and minority children arrive at school less ready to learn)

Boone Early Childhood

Partners (Vice President of the Board

of Directors, 2003-present) (non-profit organization seeking to improve the

educational outcomes of low-income

children by improving pre-K preparation; my

interest is in closing the racial achievement gap).

Nanny s Neighborhood

(low income child care center), Advisory Board (2004).

Briefing State Legislators and Candidateson Health Law Issues (e.g., this fall I have met with two Republican

candidates for a primer on medical malpractice reform).

External Reviewer

Oxford University Press (2000, 2001, 2001)

JAMA (1996, 1997)

Health Affairs (1999)

AgBioForum (2001)

Bioethics Forum (several times)

Selected Law School and

Campus Committees

Law School:

Chair, Faculty Appointments Committee

(2002-present; 1992-97)

Chair, Promotion and Tenure Subcommittee

(1998-2002)

Curriculum Committee (1986-2000)

Re-accreditation Self-Study Committee (1997-98)

Faculty Advisor, Missouri Equal Justice

Foundation (1995-2001)

President, Missouri Chapter of Order of the

Coif, 1996-1999

Campus:

Center for Health Policy, Steering Committee

Center for Health Ethics, Steering Committee

School of Public Health, Provost s Planning Group

National Soybean Biotechnology Center, Affiliated Faculty and on Public Policy

Planning Committee

Biotechnology & Society Working Group (1999-present), Director (2000-present)

Search Committee, Klein Chair in Philosophy ( 2000-02)

Search Committee, Molecular Biology Department Visiting Ethicist (2000-01)

Campus Health Care Oversight Committee (1995-96)

Selection Committee for the Chancellor s Award for Outstanding Research and

Creativity in the Behavioral and Social Sciences (1998)

Clinical Ethics

Committee, University of

Missouri-Columbia School of Medicine (1989-present)

University Hospital Task

Force to Revise Consent Policies

(1998)

Boone County Health

Report Card, Community Benefits

Subcommittee (1996) (exploring ways to improve access to health care in Boone

County, Missouri)

Governor s Health Reform

Commission,

Consultant, 1993 (the Commission was appointed by Governor Carnahan to propose a

plan for universal health care access)

Institutional Review

Board, Ellis Fischel State Cancer

Center, Columbia, Missouri (1986-1990)

Harvard University,

Schools Committee (interviewing

applicants; 1987-present).

Numerous presentations to

media, local civic and religious organizations.

Presentations

Discussant, Whose View of

Life: Embryos, Cloning, and Stem Cells, Life Sciences & Society Symposium,

March 9, 2005.

Redressing the Achievement

Gap in Education, presentation sponsored by Hispanic and Latino Faculty and

Staff Assn for Hispanic Heritage Month, Oct. 2004.

International Concerns

About Genetically-Modified Crops, presentation to the National Soybean

Biotechnology Center, Oct. 2004.

Understanding the Terri

Shiavo Case, talk-radio guest twice, Fall and Winter 2004.

Obligations to the

Children of Reproductive Technology, presentation to the annual Health Law

Teachers Conference, June 2004.

Getting to the Heart of the

Malpractice Crisis, Columbia Rotary Club, Winter 2004.

Getting to the Heart of

the Malpractice Crisis, Columbia Kiwanis Club, Winter 2004.

After Affirmative

Action Closing the Racial Test-Score Gap, MU Law Faculty Workshop, Winter

2004.

Law and the Life

Sciences, Presentation at the Missouri Bar Annual Meeting, Oct. 4, 2003.

Getting to the Heart of

the Malpractice Crisis, Faculty Workshop, MU School of Journalism, Oct. 13,

2003.

The Medical Malpractice

Crisis, radio panel discussion, Feb. 2003.

Stem Cells, Senior

Science Seminar, Central Methodist College, Feb. 2003.

Legal Issues in Geriatric

Care, 14th Gerontology Nursing Conference, Jan. 2003.

Genetic Discrimination in

Employment and Insurance, and Involuntary Sterilization Based on Genetic

Information, Advanced Judicial Seminar on Genetics & the Law, April 19, 2002.

The Role of Empirical

Evidence in Malpractice Litigation, invited paper in a symposium at Wake Forest

University, April 5-6 (2002).

Genetic Discrimination in

Employment and Insurance, and Involuntary Sterilization Based on Genetic

Information, Advanced Judicial Seminar on Genetics & the Law, May 10-11, 2001

(also assisted in planning this conference).

"Legal Role of Ethics

Committees," Caring for the Frail Elderly Conference, Columbia, MO (Aug. 2000).

The Quiet End of Deference

to Custom, Health Law Teachers Conference, American Society of Law, Medicine &

Ethics, Cleveland (June 2000).

Medical School Grand Rounds

(Missouri infanticide bill) (Feb. 2000)

Partial Birth Abortions in

Missouri, UMC School of Medicine, Faculty Ethics Group, ( Dec. 1999).

Surrogacy: Where the Law

Stands, Midwest Bioethics Center conference for experienced members of

hospital ethics committees and counsel, Kansas City ( Nov. 1999).

Legal Duties to Future

Persons, Faculty Workshop, UMC School of Law (Oct.1999).

Legal Concerns: Record and

Confidentiality, Missouri Dermatological Society, 1999 Annual Meeting,

Columbia.

Damages for Unconsented

Life Support, Multidisciplinary Conference on Geriatrics, School of Medicine,

Columbia (July 1999).

Harming Future Persons,

the American Society of Law, Medicine & Ethics, Health Law Teachers Conference,

St. Louis (June 1999).

Baby K, UMC Medical

School, Faculty Ethics Group (Nov. 1998).

Access to Health Care: The

Disability Rights Issues, American Society of Law, Medicine & Ethics, Health

Law Teachers Conference, Houston (June 1998).

Legal

Issues in Managed Care, Central Methodist College (April 1998).

Applying Q to the Study of

Death and Dying: Perspectives from the Law, UMC School of Journalism (Oct.

1996).

"Legal Issues for Ethics

Committees," Midwest Bioethics Seminar for Ethics Committees, Columbia Regional

Hospital (Sept. 1995).

"Malpractice Issues in

Managed Care," Department. of Family & Community Medicine, Faculty Seminar

(June 1995).

"Disability Rights and

Bedside Rationing," Faculty Ethics Group, School of Medicine, University of

Missouri-Columbia (May 1995).

"Health Reform and Medical

Malpractice", Midwest Bioethics Center, Kansas City (July 1994).

"Legal Issues Raised by

Medical Technology," Southwest Missouri Bench Club (May 1994).

"Advance Care Directives

and the Patient Self-Determination Act: Implications for Missouri's Nursing

Homes," Caring for the Frail Elderly Conference, Missouri Association of

Long-Term Care Physicians (Sept. 1992).

"Universal Health Care:

Right or Privilege," public forum sponsored by the Missouri Association for

Social Welfare (Apri 1991).

"Understanding the

Cruzan Case, Critical Care Update Program, University of Missouri School of

Medicine (April 1991).

"Decision-making When

Principles Conflict: Problems in Surrogate Decisionmaking"-- a speech presented

at a program entitled "Medical Practice After Cruzan: Withholding Life

Sustaining Treatment in Missouri"; sponsored by the University of Missouri

School of Medicine and The Ethics Committee of the Health Sciences Center

(Dec.1990).

"Withholding Treatment

After Cruzan: The Health Care Surrogate Law"-- planned and moderated a

forum held on October 9, 1990, about the Missouri Bar Association's proposed

health care surrogate statute; it featured the draftsman of the bill and a

lobbyist for its chief opponent, the Missouri Catholic Conference.

"Annual Update of the Law

of Torts," Missouri Bar Association Annual Meeting (Oct. 1990).

"Privacy, Liberty and the

Right to Die," Constitution Week Program, Central Methodist College (Sept.

1990).

"When Should Autonomy Be

Transferred," Family Practice Update Conference, UMC Department of Family and

Community Medicine (March 1990).

"Cruzan Before the

U.S. Supreme Court" - moderated and participated in a panel discussion held on

October 17, 1989, at the law school featuring William Colby, the attorney for

the Cruzans, and Judge Edward D. Robertson, Jr., the author of the Missouri

Supreme Court's opinion.

"Legal-Medical Ethics and

Metabolic Support;" Current Issues in Nutrition Support, Columbia (June 1987).

Teaching Across the Campus

Developed and taught an

interdisciplinary course on The Social Implications of Genetically Modified

Organisms first offered in the fall of 2002. The class is cross-listed in

several departments and taught by faculty from law, molecular biology, biology,

philosophy, agricultural economics, rural sociology, political science, plant

sciences, and journalism. It will soon be required for graduate students in

Bioinformatics.

Annual Lecturer at the

School of Medicine, teaching the law governing the withholding of

life-sustaining care (1996 to present) and basic malpractice law (2004).

Annual Lecturer in

Veterinary Jurisprudence at the University of Missouri-Columbia School of

Veterinary Medicine (1987 to 2000)

Guest Lecturer in Medical

Ethics at a class offered jointly by the Honors College and the Department of

Philosophy, University of Missouri-Columbia (occasionally, from 1988-1995)

Guest Lecturer, Journalism

and the Courts, Jan 20, 2005.

Patenting the Human

Genome, Biochemistry 105 (Biotechnology & Society) (Dec. 2000).

A Malpractice Primer,

Surgical Technology (Sept. 1998).

Grand Rounds, Departments

of Neurology and Neurosurgery, UMC School of Medicine, May 1998.

The Relationship of Law

and Justice in a Pluralist Society, Honors College, Feb. 1998.

"Legal Issues in

Biotechnology," Biochemistry (March 1994; Nov. 1995).

"Futile Medical Care,"

Department of Surgery (Jan. 1994).

"Antitrust Issues in Health

Care," Department of Plant Pathology (Oct. 1993).

"Legal Issues in Sports",

College of Education, Department of Health & Physical Education (Fall 1991).

"Legal Restrictions on the

Release of Genetically Engineered Organisms in the Environment," Graduate

Seminar, Department of Plant Pathology (Spring, 1988).

"Withholding Medical Treatment After Cruzan v. Harmon;" presented to the

University of Missouri-Columbia School of Medicine Faculty Ethics Group (April

1989).

Honors College,

Introduction to Law of Defamation (Fall, 1988-1990)

"The Right to Die,"

presentation and panel discussion, February 21, 1990, sponsored by the

Philosophy Club and the Arts & Sciences Student Government as part of Arts &

Sciences Week.

Association Memberships

American Bar Association,

Missouri Bar Association; Boone County Bar Association

American Society of Law,

Medicine and Ethics

American Civil Liberties

Union

Society of American Law

Teachers

Personal

Address:

2620 Westbrook Way, Columbia, MO 65203, 573-***-****

Born:

February 4, 1950, in Manchester, New

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