Rand E.  Rosenblatt

Rand E. Rosenblatt

Professor

Contact Information

Law Office: 600A/600B
V: (856) 225-6379
F: (856) 969-7910
rrosenbl@camlaw.rutgers.edu


Areas of Expertise

Courses Recently Taught

Biography

Professor Rosenblatt teaches courses in Health Law, Constitutional Law, Constitutional Change, and Freedom of Expression in the 21st Century.  He was the lead co-author of the widely-used health law casebook Law and the American Health Care System (Foundation Press, 1997) and its Supplements, and is a co-author of its forthcoming revised edition.  Professor Rosenblatt was the lead speaker on the constitutionality of national health reform at a Pennsylvania Bar Institute program in May 2010, and co-author of an amicus brief to the United States Supreme Court in Aetna v. Davila (2004), concerning patients’ rights in managed care. He testified several times in Congress about patients' rights and managed care, and his co-authored analyses of pending legislation were quoted on the House floor by congressmen from both parties and by President Clinton. He has frequently spoken on and taught about health law, including to federal judges through the Federal Judicial Center and at the Health Law Professors Conferences sponsored by the American Society of Law, Medicine & Ethics. He received a B.A. summa cum laude from Harvard College, an M.S. with distinction from the London School of Economics, and a J.D. from the Yale Law School, where he was Article and Book Review Editor of the Yale Law Journal. After law school, he clerked for Judge Jack B. Weinstein of the United States District Court for the Eastern District of New York, and served as a Staff Attorney for the Health Law Project of the University of Pennsylvania. He served as Associate Dean for Academic Affairs at Rutgers-Camden Law School from 1997-2000.

Publications

Books:

Law and the American Health Care System (Foundation Press, 1997) (with Sylvia Law & Sara Rosenbaum)

American Health Law: Cases and Materials (Little, Brown & Co., 1990) (with George Annas, Sylvia Law, & Kenneth Wing)

Essays in Books:

“The Courts,” in Health Politics and Policy, 4th edition (James A. Morone, Theodor J. Litman, and Leonard S. Robins, eds., Delmar Cengage Learning, 2008)

“Health Law,” in The Politics of Law 147-171, 3rd edition (D. Kairys, ed., HarperCollins/Basic Books, 1998)

“The Courts and the Reconstruction of American Social Legislation,” in The Politics of Health Care Reform: Lessons from the Past, Prospects for the Future 165-202 (James Morone & Gary Belkin, eds., Duke University Press, 1994)

“Social Duties and the Problem of Rights in the American Welfare State,” in The Politics of Law, 90-114, Revised edition (D. Kairys, ed., Pantheon Books, 1990)

“Legal Entitlement and Welfare Benefits,” in The Politics of Law 262-278 (D. Kairys, ed., Pantheon Books, 1982)

Articles (selected):

“The Four Ages of Health Law,” 14 Health Matrix: Journal of Law-Medicine 155-196 (2004) [invited contribution to Symposium on The Field of Health Law: Its Past and Future, on the occasion of the 50th Anniversary of the Law-Medicine Center of Case Western Reserve University School of Law]

“Health Care Entitlements and the Policy Gorilla,” book review of Timothy Stoltzfus Jost, Disentitlement?: The Threats Facing Our Public Health-Care Programs and a Rights-Based Response, 29 J. Health Politics, Policy & Law 529-537 (2004)

“Equality, Entitlement, and National Health Care Reform: The Challenge of Managed Competition and Managed Care,” 60 Brooklyn Law Review 105-142 (1994)(Symposium on Ensuring (E)qual(ity) Health Care for Poor Americans)

“The Courts, Health Care Reform, and the Reconstruction of American Social Legislation,” 18 Journal of Health Politics, Policy, and Law 439-476 (1993) (Symposium on National Health Care Reform)

“Conceptualizing Health Law for Teaching Purposes: The Social Justice Perspective,” 38 J. Legal Education 489 (1988) (Symposium on Health Law)

“Health Care, Markets, and Democratic Values,” 34 Vanderbilt L. Rev. 1067-1115 (1981) (Symposium on Health Care and Market Competition)

“Health Care Reform and Administrative Law: A Structural Approach,” 88 Yale L.J. 243-336 (1978)

Testimony:

Testimony on ERISA and Health Care Delivery, United States House of Representatives Subcommittee on Employer-Employee Relations of the Committee on Education and the Workforce, Washington, DC, February 24, 1999

Testimony on Consumer Rights in Health Insurance Coverage Determinations, United States Senate Committee on Labor and Human Resources, Washington, DC, January 20, 1999

Amicus Briefs:

 Aetna v. Davila, U.S. Supreme Court, co-author, on behalf of Families USA and 13 other organizations concerned with disabilities and chronic illness, arguing that HMOs and other managed care organizations not only pay for health care but also seek directly to structure and influence the delivery of health services, and that therefore state law liability should not be preempted by the federal ERISA statute.  (January 2004)

C.K. v. Shalala, U.S. Court of Appeals for the Third Circuit, and U.S. District Court, Newark, NJ, on behalf of 'Members and Staff of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research,' on human experimentation issues in New Jersey's welfare reform demonstration program (September 1995 and September 1994)

Court-Appointed Expert Report: Children's Health and the Agent Orange Settlement Fund, A Report to Chief Judge Jack B. Weinstein, U.S. District Court, Eastern District of New York, In re Agent Orange Product Liability Litigation, MDL No. 381 (Feb. 22,1985)

 

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