Professor Robert L. Schwartz
Emeritus Professor of Law
B.A. 1970, Stanford University
J.D. 1975, Harvard University
Member of the American Samoan, New Mexico and New York Bars
Shortly after joining the UNM law faculty in 1976, Rob Schwartz began to focus his research and teaching in the emerging field of Health Law. He has gone on to become a nationally recognized scholar in the area of Bioethics and brings this expertise to his classes at both the law school and the UNM School of Medicine, where he also teaches. Though he is emeritus status, he regularly teaches half-time at the law school, including courses in torts and health law, among others.
Schwartz began his career as a legal research associate with the High Court of American Samoa. He worked as an associate with the Albuquerque firm of Rodey, Dickason, Sloan, Akin & Robb before joining the UNM law faculty.
Schwartz is one of five authors of "Health Law: Cases, Materials and Problems," the first textbook that treated Health Law as a subject when it was first published in 1987. Now in its fourth edition, it is the leading Health Law textbook in the country. He contributed chapters that address Bioethics. He also has written "Treatise on Health Law," a two-volume textbook published in 1995 and is co-editor of a volume of Health Law statutes that was published in 2003. Most recently, his writing is in the areas of end-of-life care, death and dying, managed care and the application of civil liberties principles to the health care enterprise.
Schwartz serves on the editorial boards of the "Cambridge Quarterly of Healthcare Ethics," Journal of Contemporary Health Law and Policy" and the "Medical Law Review." Through the World Health Organization, he has worked as a consultant on health legislation in Cambodia, Tonga and Vietnam.
Courses Previously Taught
- Children's Health Law and Policy
- Community Lawyering Clinic
- Civil Procedure I
- Health Law
- Health Law Ethics & Policy
- Introduction to Constitutional Law
Books and Teaching Materials
TREATISE ON HEALTH LAW (2d ed. 2000) (1995) (co-authored with Furrow, Greaney, Johnson, & Jost) (2 vols.) (abridged version published as HORNBOOK ON HEALTH LAW (2d ed. 2000)).
INTERNATIONAL ENCYCLOPEDIA OF LAWS: MEDICAL LAW (UNITED STATES) (2d ed. 1998). (co-authored with Furrow, Greaney, Johnson, & Jost).
HEALTH LAW: CASES, MATERIALS AND PROBLEMS (3d ed. 1997 & Supp. 1999) (co-authored with Furrow, Greaney, Johnson, & Jost). (manuscript for fourth edition in progress, to be published in 2001).
LEGAL ISSUES IN BIOETHICS (3d ed. 1997 & Supp. 1999) (co-authored with Furrow, Greaney, Johnson, & Jost).
THE LAW OF HEALTH CARE ORGANIZATIONS AND FINANCE (3d ed. 1997 & Supp. 1999) (co-authored with Furrow, Greaney, Johnson, & Jost).
LIABILITY AND QUALITY ISSUES IN HEALTH CARE (3d ed. 1997 & Supp. 1999) (co-authored with Furrow, Greaney, Johnson, & Jost).
TEACHER'S MANUAL FOR HEALTH LAW (3d ed. 1997).
Articles, Book Chapters and Reviews
The Ethical Health Lawyer: When Doing the Right Thing Means Breaking the Law – What is the Role of the Health Lawyer?34 J.L. Med. & Ethics 624 (2006).
How Law and Regulation Shape Managed Care, in THE LAW AND ETHICS OF MANAGED CARE (D. Bennahum ed., 2000).
The Law and Managed Care: Why Doctors and Lawyers Are Suddenly Friends, U.N.M. LAW, Winter 1999, at 18.
Physician-Assisted Suicide, 6 ANNALS LONG TERM CARE 71 (1998).
Introduction to the Symposium: Bioethics Policy Beyond the Power of the Sovereign, 33 HOUS. L. REV. 1283 (1997).
Genetic Knowledge: Ethical and Legal Issues, in BIRTH TO DEATH: SCIENCE AND BIOETHICS 21 (T. Kushner & D. Thomasma eds., 1996).
The Role of Institutional and Community Based Ethics Committees in the Debate on Euthanasia and Physician-Assisted Suicide, 5 CAMB. Q. HEALTHCARE ETHICS 121 (1996) (co-authored with Kushner).
In the Trenches: Facing Fallibility and Feelings (Response), MAKING THE ROUNDS IN HEALTH, FAITH AND ETHICS, Feb. 12, 1996, at 7.
Multiculturalism, Medicine and the Practice of Female Circumcision: The Limits of Autonomy, 3 CAMB. Q. HEALTHCARE ETHICS 431 (1994).
Commentary on Is Dying Better Than Dialysis for a Woman with Down Syndrome, 3 CAMB. Q. HEALTHCARE ETHICS 271 (1994).
Life Style, Health Status and Distributive Justicereprinted in JUSTICE AND HEALTH CARE: A COMPARATIVE PERSPECTIVE (A. Grubb & M. Mehlman eds., 1995).
Malpractice Liability for the Failure to Adequately Educate Patients: The Australian Law of 'Informed Consent' and its Implications for American Ethics Committees, 2 CAMB. Q. HEALTHCARE ETHICS 371 (1993).
Informed Consent in Australia: A Fair Dinkum Duty of Disclosure, 1 MED. L. REV. 139 (1993) (co-authored with Chalmers).
Making Patients Pay for their Lifestyle Choices, 1 CAMB. Q. HEALTHCARE ETHICS 393 (1992).
Autonomy, Futility, and the Wanglie Case, 1 CAMB. Q. HEALTHCARE ETHICS 159 (1992).
Everything You Always Wanted to Ask a Lawyer About Ethics Committees, 1 CAMB. Q. HEALTHCARE ETHICS 33 (1992) (co-authored with others).
Assessment of Ethical Decisions and Values, 26 MED. ED. 7 (1992) (co-authored with others).
Setting Health Care Priorities Through Medicaid Reform, 35 ST. LOUIS U. L.J. 837 (1991).
Neonatology: Ethical and Legal Considerations, in SCHAFFER AND AVERY'S DISEASES OF THE NEWBORN (Avery et al. eds., 6th ed. 1991) (co-authored with Gibson).
Professional Decisions and Ethical Values in Medical and Law Students, 65 ACAD. MED. (9) 531 (1990) (co-authored with others).
Euthanasia and the Right to Die, 20 N.M. L. REV. 675 (1990).
New Age Ethics, MIRAGE, Fall 1990, at 10.
From Informed Consent to Frozen Embryos: Health Law Enters the 1990s, 29 N.M. B. BULL. (8) (Supp.) 1 (1990).
There is No Archbishop of Science: Screening Scientific Evidence, 69 B.U.L. REV. 517 (1989) (originally presented to the Yale Law School Program in Civil Liability).
Setting Limits on Autonomy: Saving Money in an Aging Society, 33 ST. LOUIS U. L.J. 617 (1989).
Guardian Angels, in ETHICAL ISSUES IN EVERYDAY LIFE OF NURSING HOME RESIDENTS (Caplan & Kane eds., 1989).
When Can the Government Issue a Retroactive Medicare Reimbursement Rule? A Preview of Bowen v. Georgetown University Hospital, 88-89 SUP. CT. PREVIEW 38 (1988).
When Must a Hospital Challenge the Medicare Reimbursement Policy? A Preview of Bethesda Hospital Association v. Bowen, 87-88 SUP. CT. PREVIEW 272 (1988).
Book Review, 1 MED. HUMANITIES REV. 52 (reviewing MEDICAL RESEARCH WITH CHILDREN: ETHICS, LAW AND PRACTICE (1987)).
Legal Aspects of Research upon Elderly Human Subjects, World Congress of Law and Medicine, New Delhi (1985), republished in 1 J. CONTEMP. HEALTH L. & POL'Y 115 (1985).
Why Britain Cannot Afford Informed Consent, 15 HASTINGS CENTER REP. 19 (No. 4, 1985), republished in 89 CHICAGO MED. 588 (No. 13, Part I 1986) and 89 CHICAGO MED. 656 (No. 14, Part II 1986) (co-authored with Grubb).
Legal Issues in Geriatric Medicine, in GERIATRIC MEDICINE (Cassel & Walsh eds., 1984) (co-authored with others).
Implications of the Constitutional Right of Privacy for the Control of Drugs: An Introduction, in FEELING GOOD AND DOING BETTER: ETHICS AND NONTHERAPEUTIC DRUG USE (Murray et al. eds., 1984).
Institutional Review of Medical Research: Cost-Benefit Analysis, Risk-Benefit Analysis, and the Possible Effect of Research on Public Policy, 4 J. LEG. MED. 143 (1983).
Judicial Deflection of Scientific Questions: Pushing Laetrile Towards Medical Closure, 13 N.M. L. Rev. 119 (1983).
Are the Medical Arts Keeping Up with Legal Science?, 28 J. IRREPRODUCIBLE RESULTS 6 (1982).
Ethical and Legal Concerns in Experimentation with Psychopharmacologic Drugs in the Elderly, 17 PSYCHOPHARMACOLOGY BULL. 64 (1981).
Yin, Yang, and the Right to Privacy: The Acupuncture Challenge to Physician Control of Health Care, 11 HASTINGS CENTER REP. 5 (No. 2, 1981), republished in 9 AM. J. ACUPUNCTURE 197 (1981).
Defining the Role of the Physician: Medical Education, Tradition and the Legal Process, 16 HOUS. L. REV. 779 (1981) (co-authored with Gibson).
Teaching Physicians and Lawyers to Understand Each Other: The Development of a Law and Medicine Clinic, 2. J. LEG. MED. 131 (1981).
Delimiting Religion and Ethics, 11/208 SH'MA, A JOURNAL OF JEWISH RESPONSIBILITY 60 (1981).
Physicians and Lawyers: Science, Art and Conflict, 6 AM. J. L. & MED. 173 (1980) (co-authored with Gibson).
Laetrile: The Battle Moves Into the Courtroom, 65 A.B.A. J. 224 (1979).
Videotape, A Note or Two on Arnstein v. Porter, (1978) (includes accompanying edited version of the Second Circuit record).
Elected Offices of the Executive Branch, THE EXECUTIVE BRANCH OF NEW MEXICO STATE GOVERNMENT (Appendix B, 1976).
Polynesian Intercultural Law Enforcement Study, 3 SAM. PAC. L.J. 157 (1974).
Status of American Samoa, 2 SAM. PAC. L.J. 157 (1974).