Malloy, S. Elizabeth / Fall 2014

Betsy is currently working with several researchers at Children’s Hospital Medical Center on a National Human Genome Research Institute grant which examines whether there is an ethical and/or legal obligation to reinterpret genetic data as new knowledge is developed.  (For example, future research might show that a variant is not truly the cause of a patient’s condition or reveal the significance of a variant whose properties were previously unknown.)

She completed two articles entitled, The Right to Refuse Medical Treatment and Religious Belief, and The Smoke Gets in Your Eyes—Sorting Through Gonzales v. Raich and Gonzales v. Oregon: Why the Supreme Court will Grant a Right to Die, but Not a Right to Life-Saving Treatment. She also delivered a presentation to the College of Law faculty entitled: “Hobby Lobby and its Impact on the Affordable Care Act.”

Several of Betsy’s articles were cited:

  • Recalibrating the Cost of Harm Advocacy: Getting Beyond Brandenburg, 41 Wm. & Mary L. Rev. 1159 (2000) (with Ronald J. Krotoszynski, Jr.), in Richard J. Peltz-Steele & Eric J. Booth, In Tort Pursuit of Mass Media: Big Tobacco, Big Banks, and Their Big Secrets, 44 U. Mem. L. Rev. 267 (2013).
  • Something Borrowed, Something Blue: Why Disability Law Claims Are Different, 33 Conn. L. Rev. 603 (2001), in Stephen Gee, Note, The “Moral Hazards” of Title VII’s Religious Accommodation Doctrine, 89 Chi.-Kent L. Rev. 1131 (2014); Eric Haley, Case Comment, Employment Law—Massachusetts Supreme Judicial Court Recognizes Associational Handicap Discrimination Claims, But Does it Go Too Far?—Flagg v. Alimed, Inc., 992 N.E.2d 354 (Mass. 2013), 10 J. Health & Biomedical L. 147 (2014); August T. Johannsen, Note, Mitigating the Impact of Title VII’s New Retaliation Standard: The Americans With Disabilities Act After University of Texas Southwestern Medical Center v. Nassar, 56 Wm. & Mary L. Rev. 301 (2014); Dru Stevenson, Costs of Codification, 2014 U. Ill. L. Rev. 1129.
  • The Interaction of the ADA, the FMLA and Workers’ Compensation: Why Can’t We Be Friends?, 41 Brandeis L.J. 821 (2003), in Stacey A. Hickox & Joseph M. Guzman, Leave as an Accommodation: When is Enough, Enough?, 62 Clev. St. L. Rev. 437 (2014).
  • Mental Health Courts and Title II of the ADA: Accessibility to State Court Systems for Individuals with Mental Disabilities and the Need for Diversion, 25 St. Louis U. Pub. L. Rev. 307 (2006) (with Ronda Cress and J. Neil Grindstaff), in Elyn R. Saks, The Status of Status Offenses: Helping Reverse the Criminalization of Mental Illness, 23 S. Cal. Rev. L. & Soc. Just. 367 (2014).
  • What Best to Protect Transsexuals from Discrimination: Using Current Legislation or Adopting a New Judicial Framework, 32 Women’s Rts. L. Rep. 283 (2011), in Alexandra Fiona McSpedon, Note, Employer Perceptions of Trans Women’s Sex and Behavior in Title VII Sex Stereotyping Claims: The Case for Reading Price Waterhouse v. Hopkins as a Blanket Prohibition of Gender Policing by Employers, 35 Cardozo L. Rev. 2505 (2014); Matthew Bailey, Note, Transgender Workplace Discrimination in the Age of Gender Dysphoria and ENDA, 38 Law & Psychol. Rev. 193 (2013–2014); Blakeley Simpson, Note, There’s a(n) (Anatomical) Boy in the Little Girls’ Room: Gender Nonconforming Children and Their Access to the Bathroom, 23 S. Cal. Rev. L. & Soc. Just. 91 (2013).

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