Lindsay Wiley
Professor of Law
Faculty Director, Health Law and Policy Program
- A.B. Harvard College, 1999
- J.D. Harvard Law School, 2003
- M.P.H. Johns Hopkins Bloomberg School of Public Health, 2009
Lindsay F. Wiley is a professor of law and Faculty Director of the Health Law and Policy Program at UCLA Law where she teaches torts and various health law courses. Her research focuses on access to health care and healthy living and working conditions in the U.S. and globally. She is particularly interested in the law and ethics of governmental and private institutional powers and duties to protect and promote the public’s health. She is the author of Public Health Law: Power, Duty, Restraint and Public Health Law and Ethics: A Reader (with Lawrence O. Gostin) and Feminist Judgments: Health Law Rewritten (with Seema Mohapatra).
Professor Wiley serves as a consultant to the Ethics Committee of the California Department of Public Health and as the U.S. Rapporteur for the Lex-Atlas Covid-19 Project, a global project comparing responses to Covid-19. She has served as a member of and consultant to committees convened by the National Academies of Science, Engineering, and Medicine related to public health emergency response and federal communicable disease control powers.
She is the current chair of the Board of Directors of ChangeLab Solutions, LLC, a nonpartisan, nonprofit organization that uses the tools of law and policy to advance health equity. She has previously served as President of the American Society of Law, Medicine, and Ethics, and as a member of the National Conference of Lawyers and Scientists, a joint standing committee of the American Association for the Advancement of Science and the American Bar Association’s Section of Science and Technology Law.
Professor Wiley has held positions at American University Washington College of Law, the O'Neill Institute for National and Global Health Law at Georgetown University, the Center for Law and the Public's Health at the Johns Hopkins Bloomberg School of Public Health, and Gordon, Feinblatt, Rothman LLC in Baltimore, MD.
Bibliography
-
Books
- Feminist Judgments: Health Law Rewritten (edited by Seema Mohapatra & Lindsay F. Wiley). Cambridge University Press (December 2022).
- Public Health Law & Ethics: A Reader (with Lawrence O. Gostin). 3rd ed. University of California Press (2018).
- Public Health Law: Power, Duty, Restraint (with Lawrence O. Gostin). 3rd ed. University of California Press (2016).
-
Articles And Chapters
- Health Justice: Feminism, Universalism, and Vulnerability in Pandemic Response (with Seema Mohapatra), in The Routledge Companion to Gender and COVID-19, (edited by Linda C. McClain and Aziza Ahmed, 2024). Full Text
- Universalism, Vulnerability, and Health Justice, 70 UCLA L. Rev. Discourse 204 (2023). Full Text
- The 2023 Supreme Court Term: Implications for Public Health, 113 Am. J. Pub. Health 269 (2023). Full Text
- The Jacobson Question: Individual Rights, Expertise, and Public Health Necessity, in COVID-19 and the Law: Disruption, Impact, and Legacy, (edited by I. Glenn Cohen, Abbe R. Gluck, Katherine L. Kraschel, Carmel Shachar, Cambridge University Press, 2023). Full Text
- Hortatory Mandates, 91 Geo. Wash. L. Rev 617 (2023). Full Text
- What is Health Justice? (with Ruqaiijah Yearby, Brietta R. Clark, & Seema Mohapatra), 59 J.L. Med. & Ethics 636 (2022). Full Text
- Not Ready for the End Game — Why Ending Federal Covid-19 Emergency Declarations Will Harm Access to Care (with Jill R. Horwitz), 386 N. Engl. J. Med. E40 (2022). Full Text
- Health Reform Reconstruction (with Elizabeth Y. McCuskey, Matthew B. Lawrence & Erin Fuse Brown), 55 U.C. Davis Law Review 657 (2021). Full Text
- Privatized Public Health Insurance and the Goals of Progressive Health Reform, 54 U.C. Davis Law Review 2149 (2021). Full Text
- The Personal Responsibility Pandemic: Centering Social Solidarity in Public Health and Employment Law (with Samuel R. Bagenstos), 52 Arizona State Law Journal 1235 (2021). Full Text
- Coronavirus, Civil Liberties, and the Courts: The Case Against “Suspending” Judicial Review (with Stephen I. Vladeck), 133 Harvard Law Review Forum 179 (2020). Full Text
- Democratizing the Law of Social Distancing, 19 Yale Journal of Health Policy, Law, and Ethics 50 (2020). Full Text
- Health Justice Strategies to Combat the Pandemic: Eliminating Discrimination, Poverty, and Health Disparities During and After COVID-19 (with Emily A. Benfer, Seema Mohapatra, & Ruqaiijah Yearby, ), 19 Yale Journal of Health Policy, Law, and Ethics 122 (2020). Full Text
- A Bold Agenda for the Next Steps in Health Reform, 48 (3) Journal of Law, Medicine & Ethics 390 (2020).
- Social Solidarity in Health Care, American Style (with Erin C. Fuse Brown, Matthew B. Lawrence & Elizabeth Y. McCuskey), 48 Journal of Law, Medicine & Ethics 411 (2020).
- Governmental Public Health Powers During the COVID-19 Pandemic: Stay-at-home Orders, Business Closures, and Travel Restrictions (with Lawrence O. Gostin), 323 JAMA 2137 (2020).
- Presidential Powers and Response to COVID-19 (with Lawrence O. Gostin & James Hodge), 323 JAMA 1547 (2020).
- Federalism in Pandemic Prevention and Response, in Assessing Legal Responses To COVID-19, (edited by Scott Burris, Sarah de Guia, Lance Gable, Donna E. Levin, Wendy E. Parmet, & Nicholas P. Terry, Public Health Law Watch, 2020). Full Text
- Feminist Perspectives in Health Law (with Seema Mohapatra), 47 Journal of Law, Medicine & Ethics 103 (2019).
- State-Level Single-Payer Health Care from a Public Health Perspective, 109 American Journal of Public Health 1515 (2019).
- Medicaid for All: State-Level Single-Payer Health Care, 29 Ohio State Law Journal 843 (2018).
- Adapting to the Infectious Disease Impacts of Climate Change, in Climate Change and Public Health Law, (edited by Michael Burger & Justin Gundlach, Cambridge University Press, 2018).
- Health Care System Transformation and Integration: A Call to Action for Public Health (with Gene W. Matthews), 45 Journal of Law, Medicine & Ethics 94 (2017).
- Public Health Law and Ethics (with Lawrence O. Gostin), in Hastings Center Bioethics Briefing Book, (The Hastings Center, 2017).
- Tobacco Denormalization, Anti-Healthism, and Health Justice, 18 Marquette Benefits & Social Welfare Law Review 203 (2017).
- Teaching Health Law from a Social-Ecological Perspective, 61 St. Louis University Law Journal 381 (2017).
- The Struggle for the Soul of Public Health, 41 Journal of Health Politics, Policy & Law 1083 (2016).
- From Patient Rights to Health Justice, 37 Cardozo Law Review 833 (2016).
- Liability for Mobile Health and Wearable Technologies (with Nicolas P. Terry), 25 Annals of Health Law 62 (2016).
- Applying the Health Justice Framework to Diabetes as a Community-Managed Social Phenomenon, 16 Houston Journal of Health Law & Policy 199 (2016).
- Public Health Law: Non-Communicable Disease Prevention (with Manel Kappagoda & Anne Pearson), in The Oxford Handbook of U.S. Health Law, (edited by I. Glenn Cohen, Allison Hoffman & William M. Sage, Oxford University Press, 2016).
- Adventures in Nannydom: Reclaiming Collective Action for the Public’s Health (with Wendy E. Parmet and Peter D. Jacobson), 43 Journal of Law, Medicine & Ethics 73 (2015).
- Deregulation, Distrust, and Democracy: State and Local Action to Ensure Equitable Access to Healthy, Sustainably-Produced Food, 41 American Journal of Law & Medicine 284 (2015).
- Sugary Drinks, Happy Meals, Social Norms, and the Law: The Normative Impact of Product Configuration Bans, 46 Connecticut Law Review 1877 (2014).
- Health Law as Social Justice, 24 Cornell Journal of Law & Public Policy 47 (2014).
- Access to Health Care as an Incentive for Healthy Behavior? An Assessment of the Affordable Care Act’s Personal Responsibility for Wellness Provisions, 11 Indiana Health Law Review 642 (2014).
- Climate Change Adaptation and Public Health Law, in Research Handbook on Climate Change Adaptation Law, (edited by Jonathan Verschuuren, Edward Elgar Publishing, 2013).
- Who’s Your Nanny? Choice, Paternalism and Public Health in the Age of Personal Responsibility (with Micah L. Berman & Doug Blanke), 41 Journal of Law, Medicine & Ethics S88 (2013).
- Shame, Blame, and the Emerging Law of Obesity Control, 47 U.C. Davis Law Review 121 (2013).
- The U.S. Department of Agriculture as a Public Health Agency? A “Health in All Policies” Case Study, 9 Journal of Food Law & Policy 61 (2013).
- "No Body Left Behind”: Re-Orienting School-based Childhood Obesity Interventions, 5 Duke Forum for Law & Social Change 97 (2013).
- Natural Disasters and Global Health, in The Law of Adaptation to Climate Change: U.S. and International Aspects, (edited by Michael Gerrard and Katrina F. Kuh, ABA Book Publishing, 2012).
- Rethinking the New Public Health, 69 Washington & Lee Law Review 207 (2012).
- Mitigation/Adaptation and Health: Health Policymaking in the Global Response to Climate Change and Implications for Other Upstream Determinants, 38 Journal of Law, Medicine & Ethics 629 (2010).
- Assessing the Impact of Federal Law on Public Health Preparedness (with Benjamin E. Berkman and Susan C. Kim), 4 Journal of Health Law & Policy 155 (2010).
- Moving Global Health Law Upstream: A Critical Appraisal of Global Health Law as a Tool for Health Adaptation to Climate Change, 22 Georgetown International Environmental Law Review 439 (2010).
- Adaptation to the Health Consequences of Climate Change as a Potential Influence on Public Health Law and Policy: From Preparedness to Resilience, 15 Widener Law Review 483 (2010).
- The International Response to Climate Change: An Agenda for Global Health, 302 JAMA 1218 (2009).
- Healthy Planet, Healthy People: Integrating Global Health into the International Response to Climate Change, 24 Journal of Environmental Law & Litigation 203 (2009).
-
Edited Journal Symposiums
- Health Justice: Critical Perspectives in Health Law (Lindsay F. Wiley, Ruqaiijah Yearby, Brietta Clark, Seema Mohapatra & Emily A. Benfer, editors), Journal of Law, Medicine & Ethics (2022).
- A Bold Agenda for the Next Steps in Health Reform (Erin C. Fuse Brown, Brietta R. Clark & Lindsay F. Wiley, editors), 48(3) Journal of Law Medicine & Ethics (2020).
- Next Steps in Health Reform (Lindsay Wiley, editor), 46(4) Journal of Law, Medicine & Ethics (2018).
-
Selected Recent Shorter Works
- Eliminating Racism in Health Care Before and After the Supreme Court’s Affirmative Action Decision, (with Ruqaiijah Yearby, and Seema Mohapatra). HEALTH AFFAIRS FOREFRONT, (July 7, 2023).
- Extreme Religious Liberty is Undermining Public Health. N.Y. TIMES (Sept. 15, 2022).
- Why the Supreme Court’s Eviction Moratorium Reasoning Doesn’t Extend to the CDC Transit Mask Order. HARVARD LAW REVIEW BLOG, (Feb. 28, 2022).
- Why Carefully Designed Public Vaccination Mandates Can—and Should—Withstand Constitutional Challenge (with Steve Vladeck). (with Steve Vladeck), LAWFARE BLOG, (Aug. 12, 2021).
- Public Health Emergency Reform is Coming—These Five Principles Should Guide It. HEALTH AFFAIRS FOREFRONT, (Jan. 12, 2021).
- Democracy and Delegation in a Public Health Emergency: Statutory Interpretation and Separation of Powers, American Constitution Society Issue Brief (December 11, 2020).
- CDC’s Boundary-Pushing Eviction Freeze, American Constitution Society Expert Forum (September 3, 2020).
- How the Law Harms Public Health (with Samuel R. Bagenstos), Democracy: A Journal (June 16, 2020).
- The Role of Religious Liberty in (the Development of) Social Distancing Law, Berkeley Forum (June 3, 2020).
- Wisconsin’s “Safer at Home” Order Isn’t a Quarantine—But that Doesn’t Mean It Isn’t Necessary to Control the Spread of Coronavirus, American Constitution Society Expert Forum (May 7, 2020).
- COVID-19 Reinforces the Argument for “Regular” Judicial Review—Not Suspension of Civil Liberties—In Times of Crisis (with Steve Vladeck), Harvard Law Review Blog (April 9, 2020).
- The Coronavirus Lawsuits are Coming—That’s Not a Bad Thing, Washington Post (March 23, 2020).
- Health Justice Strategies to Combat COVID-19: Protecting Vulnerable Communities during a Pandemic (with Emily A. Benfer), Health Affairs Blog (March 19, 2020).
- Public Health Emergency Reform is Coming—These Five Principles Should Guide It, Health Affairs Blog (January 12, 2020).
- Eliminating Racism in Health Care Before and After the Supreme Court’s Affirmative Action Decision, (with Ruqaiijah Yearby, and Seema Mohapatra). HEALTH AFFAIRS FOREFRONT, (July 7, 2023).