Nathan Cortez

Associate Professor, SMU Law School

Contact Info

I'm an Associate Professor of Law at Southern Methodist University (SMU) in Dallas, Texas.  My research focuses on how we regulate innovation in health care, both domestically and internationally.  I teach Administrative Law, Food & Drug Law, Health Law, International & Comparative Health Law, and Legislation. You can reach me by phone (214.768.1002), email (ncortez at smu dot edu), or Twitter (@nathancortez)

Bios and Blogs

Faculty bio at SMU

Downloadable articles of mine via the Social Science Research Network (SSRN)

Profile by SMU Research Magazine (2008)

Profile by Diverse Issues in Higher Education (2009)

Profile by Medical Travel Today (2009)

Administrative Law Course Blog

Food & Drug Law Course Blog

Health Reform Watch Blog

Media Commentary

Gallup Poll: 72% of Americans Call Individual Mandate "Unconstitutional"
The Daily Caller (Feb. 2012)

Mexico City Hopes to Lure Chicagoans by Touting Cheaper Health Care
Chicago Tribune (Dec. 2011)

Medical Tourism: A Faraway Health Fix
Los Angeles Times (Aug. 2011)

North Texans Could Lose Doctors over Dispute
CBS News 11 (Dec. 2010)

"Gute Reise in die Besserung"
Der Standard (Austria) (Sep. 2010)

"I Can't Afford Surgery in the U.S."
CNN.com (Apr. 2010)

SMU Expert Believes Health Plan Will Survive Lawsuit
KERA News (Mar. 2010)

Examining Health Care and Illegal Immigrants Claim
National Public Radio, All Things Considered (Sep. 2009)

Health Insurers Explore Savings in Overseas Care
Associated Press (Aug. 2009)

Compulsory Licensing for U.S. Medical Tourism Agencies?
International Medical Travel Journal (July 2009)

Athletes on Their Own with Nutritional Supplements
Orange County Register (May 2009)

Supreme Court Justice Appointee's Life Resonates with Many in Dallas
Dallas Morning News (May 2009)

Bill Would Help Educate Children of Illegal Immigrants
Dallas Morning News (Apr. 2009)

Lower Costs Lure U.S. Patients Abroad for Treatment
CNN.com (Mar. 2009)

AdvoCare's Suit Aims at Athletes Falsely Blaming Supplements for Failed Tests
F-D-C Reports, The Tan Sheet (Feb. 2009)

Swimmer's Fight with Carrollton Nutrition Firm AdvoCare Makes Waves
Dallas Morning News (Feb. 2009)

It's a World of Risks for Medical Tourists
Los Angeles Daily Journal (Dec. 2008)

Passport to Healthcare:  The Emergence of High-Quality, Low-Cost Treatment Abroad
Atlanta Life Magazine (Jan. 2008)

Employers, Insurers Consider Overseas Care
National Public Radio, All Things Considered (Nov. 2007)

Medical Tourism:  Ethical Pitfalls of Seeking Health Care Overseas
Medical Ethics Advisor (Nov. 2007)

Articles

Mobile Health, Disruption, and Agency Threats (work-in-progress)

Do FDA's Graphic Tobacco Warnings Violate the First Amendment?
__ Hastings Law Journal __ (forthcoming 2013)

A Medical Malpractice Model for Developing Countries?
4 Drexel Law Review 217-41 (2011) (symposium article)

Adverse Publicity by Administrative Agencies in the Internet Era
2011 BYU Law Review 1371-1454 (2011)

Can Speech by FDA-Regulated Firms Ever Be Noncommercial?
37 American Journal of Law & Medicine 388-421 (2011) (symposium article)

Embracing the New Geography of Health Care:  A Novel Way to Cover Those Left Out of Health Reform
84 Southern California Law Review 859-932 (2011)

Recalibrating the Legal Risks of Cross-Border Health Care
10 Yale Journal of Health Policy, Law, & Ethics 1-89 (2010) (peer-reviewed)

International Health Care Convergence:  The Benefits and Burdens of Market-Driven Standardization
26 Wisconsin International Law Journal 646-704 (2009) (symposium article)

The Local Dilemma:  Preemption and the Role of Federal Standards in State and Local Immigration Laws
60 SMU Law Review 47-66 (2008) (symposium article)

Patients Without Borders:  The Emerging Global Market for Patients and the Evolution of Modern Health Care
83 Indiana Law Journal 71-132 (2008)

The Food & Drug Administration's Evolving Regulation of Press Releases:  Limits and Challenges
61 Food & Drug Law Journal 623-651 (2006) (with William Vodra and David Korn)
(peer-reviewed)

Book Chapters

Cross-Border Health Care and the Hydraulics of Health Reform
THE GLOBALIZATION OF HEALTH CARE: LEGAL AND ETHICAL CHALLENGES  (Oxford University Press, 2013)

Into the Void: The Legal Ambiguities of an Unregulated Market
RISKS AND CHALLENGES IN MEDICAL TOURISM: UNDERSTANDING THE GLOBAL MARKET FOR HEALTH SERVICES (Praeger Publishing, forthcoming 2012)

The Elusive Ideal of Market Competition in U.S. Health Care
HEALTH CARE AND EU LAW (Johan van de Gronden, Markus Krajewski, Ulla Neergaard, Erika Szyszczak, eds.) (2011)

Biopharmaceuticals:  Definition and Regulation
PRECLINICAL SAFETY EVALUATION OF BIOPHARMACEUTICALS (John Wiley & Sons, 2008) (with Lincoln Tsang)


Other Writings

Which Theory of Global Justice Best Accommodates the Uncertainties of Medical Tourism?
Opinio Juris (Apr. 2012)

Why Can't We Analogize the Mandate?
Concurring Opinions and Health Reform Watch (Mar. 2012)

Why Obamacare is Constitutional
Austin-American Statesman (Sep. 2011)

Market Competition in Health Care:  The EU's Parallel Struggle
Health Reform Watch (Oct. 2009)

Immigrants, Health Reform, and "Lies"
Health Reform Watch and The Health Care Blog (Sep. 2009)

Rationing or Cost-Effectiveness?
Health Reform Watch (June 2009)

The Less You Change, The More It Costs
Health Reform Watch (June 2009)

The Life Cycle of Objectionable Drug Marketing Practices
Health Reform Watch and Concurring Opinions (Mar. 2009)




Select Presentations

Medical Apps, Disruptive Innovation, and Regulatory Timing
American Society of Law, Medicine, & Ethics (ASLME)

Arizona State University School of Law

Tempe, AZ (June 9, 2012)


Geography Matters:  Local Experiments with Immigrant Access to Care

American Society of Law, Medicine, & Ethics (ASLME)

Arizona State University School of Law

Tempe, AZ (June 8, 2012)


Immigrants and Health Reform

Hispanic National Bar Association, Annual Meeting

Dallas, TX (Sep. 1, 2011)


Cross-Border Health Care and the Hydraulics of Health Reform
The Globalization of Health Care: Legal and Ethical Challenges

Harvard Law School

Cambridge, MA (May 20, 2011)


India's Consumer Dispute Forums: A Model for Developing Countries?
Reforming Medical Liability: Global Perspectives
Drexel Law School
Philadelphia, PA (Apr. 22, 2011)


Can Speech by FDA-Regulated Firms Ever Be Noncommercial?
Marketing Health: The Growing Role of Commercial Speech Doctrine in FDA Regulation
Boston University School of Law
Boston, MA (Feb. 26, 2011)


Charting the Global Trend Towards Biosimilars
Follow-On Biologics: Implementation Challenges and Opportunities
Seton Hall Law School
Newark, NJ (Oct. 29, 2010)


Is Cross-Border Health Insurance The Answer?

American Society of Law, Medicine & Ethics (ASLME)

University of Texas School of Law

Austin, TX (June 4, 2009)

Emerging Legal Issues with Immigrant Access to Health Care
Fourth Annual William R. Courtney Lectureship in Law
Texas A&M Health Science Center, College of Medicine
Temple, TX (Mar. 17, 2010)

Harnessing the New Geography of Health Care
St. Louis University School of Law
St. Louis, MO (Feb. 3, 2010)

Ethical Issues in Social Security Cases
Social Security Administration Bench-Bar Conference
Dallas, TX (Jan. 19, 2010)

Medical Repatriation:  Can Hospitals Effectively Deport Patients?
Texas Health Law Conference
Austin, TX (Oct. 12, 2009)

The Changing Role of Markets and Competition in U.S. Health Care
Health Care and EU Law
Radboud University
Nijmegen, Netherlands (Oct. 2, 2009)

Recalibrating the Legal Risks of Cross-Border Health Care
Yale Law School
New Haven, CT (Sep. 22, 2009)

The Legal Impact of Voluntary Codes of Conduct in the Health Industry
Food & Drug Law Institute (FDLI)
Washington, D.C. (Sep. 21, 2009)

Recalibrating the Legal Risks of Cross-Border Health Care
American Society of Law, Medicine, & Ethics (ASLME)
Case Western Reserve University Law School
Cleveland, OH (June 6, 2009)

Is Chevron Out of Gas?  Current Trends in Administrative Law
Appellate Judges Education Institute (AJEI)
Phoenix, AZ (Nov. 14, 2008)

The Local Dilemma:  Preemption and the Role of Federal Standards in State and Local Immigration Laws
LatCrit XIII
Seattle University Law School
Seattle, WA (Oct. 3, 2008)

International Health Care Convergence:  The Benefits and Burdens of Market-Driven Standardization
Dialogue on Cross-Border Health Care
University of Wisconsin Law School
Madison, WI (Mar. 7, 2008)

Biosimilars in the FDA Regulatory Context
New Developments in Drug Approval Law
Center for Health and Pharmaceutical Law
Seton Hall Law School, Newark, NJ (Apr. 20, 2007)