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Faculty and Administration Profiles

Nadia N. Sawicki

Title/s:  Georgia Reithal Professor of Law
Academic Co-Director of the Beazley Institute for Health Law & Policy

Office #:  Corboy 725

Phone: 312.915.8555

E-mail:

CV Link: nnsawicki_-_cv_august_2019.pdf

About

Prof. Sawicki, who joined the Loyola faculty in 2009, considers the hallmark of a good life to be an openness to ideas and conversations in pursuit of truth. Her areas of expertise, health law and bioethics, provide no shortage of opportunity for such conversations. Prof. Sawicki’s research interests include the accommodation of personal and professional beliefs in a pluralistic society; the appropriate use of persuasion by state actors; the law’s recognition of legal rights to recovery for invasion of contested harms; definitions of professional roles and ethical norms in medicine; and the state’s role in enforcing those norms. She approaches these problems from the disciplines of both law and ethical theory.

Her articles have been published in a variety of law reviews and peer reviewed journals, including the New England Journal of Medicine; American Journal of Bioethics; California Law Review; Washington Law Review; Maryland Law Review; Yale Law and Policy Review; University of Pennsylvania Journal of Constitutional Law; American Journal of Law & Medicine; and Journal of Law, Medicine, and Ethics.

Prior to joining Loyola, Prof. Sawicki held the inaugural George Sharswood Fellowship at the University of Pennsylvania Law School, where she taught bioethics and public health law. Prior to that, she served as a lecturer in History and Sociology of Science at the University of Pennsylvania's School of Arts and Sciences, practiced law with Wolf, Block, Schorr & Solis-Cohen, and clerked for the Honorable J. Curtis Joyner of the U.S. District Court for the Eastern District of Pennsylvania. 

Degrees

BA magna cum laude, Brown University
M. Bioethics, University of Pennsylvania School of Medicine
JD cum laude, University of Pennsylvania Law School

Program Areas

Torts
Introduction to Health Law
Constitutional Issues in Health Law
Bioethics, Law & Policy
Health Justice Lab: End of Life

Selected Publications

Professor Nadia Sawicki's SSRN Webpage

Rewritten Opinion: Burton v. State, in Seema Mohapatra and Lindsay F. Wiley, eds., Feminist Judgments: Rewritten Health Law Opinions (Cambridge University Press, forthcoming 2020)

The Conscience Defense to Malpractice, California Law Review (forthcoming 2020)

Defining the Known Risk: Context-Sensitivity in Tort Law Defenses, Journal of Tort Law (2019)

Everything in Moderation: Dual Role Consent and State Law Mandates, American Journal of Bioethics (2019) (with Valerie Gutmann Koch)

Disentangling Conscience Protections, Hastings Center Report (2018)

Conscience as a Civil and Criminal Defense, American Journal of Bioethics (2018)

Choosing Medical Malpractice, Washington Law Review (2018)

A Common Law Duty to Disclose Conscience-Based Limitations on Medical Practice, in Holly Fernandez Lynch, I. Glenn Cohen, and Elizabeth Sepper, eds., Law, Religion and Health in the United States (Cambridge 2018)

Complaints to Professional and Regulatory Bodiesin Bill Sage, Glenn Cohen, and Allison Hoffman, eds., The Oxford Handbook of American Health Law (Oxford 2017)

Pharmacies’ Duty to Dispense Emergency Contraception and Religious Liberty, Obstetrics and Gynecology (2017) (with Y. Tony Yang)

Informed Consent as Societal Stewardship, Journal of Law, Medicine, and Ethics (2017)

Religious Hospitals and Patient Choice, Hastings Center Report (2016)

Who Judges Harm?, Journal of Clinical Ethics (2016)

Modernizing Informed Consent: Expanding the Boundaries of Materiality, University of Illinois Law Review (2016)

Mandating Disclosure of Conscience-Based Limitations on Medical Practice, American Journal of Law & Medicine (2016)

Informed Consent as Compelled Professional Speech: Fictions, Facts, and Open Questions, Washington University Journal of Law & Policy (2016)

Ethical Limitations on the State’s Use of Arational Persuasion, Law & Policy (2016)

Clinicians’ Involvement in Capital Punishment – Constitutional Implications, New England Journal of Medicine (2014)

Compelling Images: The Constitutionality of Emotionally Persuasive Health Campaigns, Maryland Law Review (2014)

A New Life for Wrongful Living, New York Law School Law Review (2014)

Patient Protection and Decision Aid Quality: Regulatory and Tort Law Approaches, Arizona Law Review (2012)

The Hollow Promise of Freedom of Conscience, Cardozo Law Review (2012)

Informed Consent Beyond the Physician-Patient Encounter: Tort Law Implications of Extra-Clinical Decision Support Tools, Annals of Health Law  (2012)

The Abortion Informed Consent Debate: More Light, Less Heat, Cornell Journal of Law and Public Policy (2011)

Judging Doctors: The Person and the Professional, AMA Journal of Ethics (2011)

Character, Competence, and the Principles of Medical Discipline, Journal of Health Care Law and Policy (2010)

There Must Be A Means: The Backwards Jurisprudence of Baze v. Rees, University of Pennsylvania Journal of Constitutional Law (2010)

Doctors, Discipline, and the Death Penalty: Professional Implications of Safe Harbor Policies, Yale Law and Policy Review (2008)

Without Consent: Moral Imperatives, Special Abilities, and the Duty to Treat, American Journal of Bioethics (2008)

Compliance with Advance Directives: Wrongful Living and Tort Law Incentives, Journal of Legal Medicine (2008) (with Holly Fernandez Lynch and Michele Mathes)