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Former State Rep. Dr David Orentlicher Running For 8th Congressional District Seat

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 Former State Rep. Dr David Orentlicher Running For 8th Congressional District Seat As A Democrat                                       

(Terre Haute, IN)  Dr. David Orentlicher announced last week that he has filed documents with the Federal Election Commission to become a candidate in Indiana’s 8th Congressional District seat as a Democrat .  A former award-winning Democratic state legislator, Orentlicher is running against Republican incumbent Larry Bucshon to make Congress work for the 8th District.  Orentlicher will make a formal announcement in early 2016.

“Bill Clinton was right. If you work hard and play by the rules,” said Orentlicher, “you should be able to provide a good life for your family and a better future for your children. That’s not true anymore, and we need to make sure it is true again. We need to make the American Dream a reality for all Americans. That’s what this campaign is about.”

“It’s not right when so many of our children never have a chance to succeed,” declared Orentlicher. “Far too many children suffer because their parents can’t find good paying jobs, their schools are in decline, and their neighborhoods are plagued with drug use and crime.”

“At one time, government made sure we had a strong middle class,” said Orentlicher. “Now, government works for the special interests. They dominate Congress with their big campaign contributions. And they dominate Larry Bucshon. Most residents of the 8th District no longer have a voice in Washington. The 8th District needs a representative who speaks for the district and a Congress that serves the interests of all Americans. We need to unstack the deck in Washington, DC so everyone gets a fair shake from their government and the United States once again is a land of opportunity for all of its citizens.”

David Orentlicher is an educator, physician, attorney, and former three-term member of the Indiana House of Representatives.  He has practiced both medicine and law, and he teaches at Indiana University School of Medicine in Terre Haute, IU School of Medicine in Indianapolis, and IU Robert H. McKinney School of Law.

While directing the medical ethics program at the American Medical Association, Orentlicher drafted the AMA’s first ever Patients’ Bill of Rights. He also wrote conflicts of interest guidelines that protect the integrity of the patient-physician relationship.

Orentlicher has written many books and articles on a wide range of topics in ethics, law, and medicine. His current project, Economic Inequality and College Admissions Policies, makes the case for revising college admissions policies to address the serious problem of economic inequality in the United States.

Orentlicher’s wife, Judy, is a professor of political science at Indiana University. They have two childreni

MEET DR David Orentlicher

Samuel R. Rosen Professor of Law
Co-director of the William S. and Christine S. Hall Center for Law and Health 
Indiana University Robert H. McKinney School of Law

Education

B.A., 1977, Brandeis University
M.D., 1981, Harvard Medical School
J.D., 1986, Harvard Law School

Courses

Health care law, constitutional law, trust and estates, professional responsibility

Bio

In addition to his positions at the law school, David Orentlicher is an adjunct professor of medicine at Indiana University School of Medicine. Before coming to IU, he served as director of the Division of Medical Ethics at the American Medical Association for six-and-a-half years. While there, he led the drafting of the AMA’s first patients’ bill of rights, guidelines for physician investment in health care facilities that were incorporated into federal law, and guidelines on gifts to physicians from industry that have become the industry standard and a standard recognized by the federal government. He helped develop many other positions—on end-of-life matters, organ transplantation, and reproductive issues—that have been cited by courts and government agencies in their decision-making. He also held adjunct appointments at the University of Chicago Law School and Northwestern University Medical School.

Following law school, where he was a commentary and book review office chair of the Harvard Law Review, he clerked for the Honorable Alvin B. Rubin, U.S. Court of Appeals for the Fifth Circuit. He has practiced both medicine and law, each for about two years, and is a member of the American Law Institute.

He has held a number of distinguished visiting professorships, serving as Visiting DeCamp Professor in Bioethics at Princeton University, Frederick Distinguished Visiting Professor of Ethics at DePauw University, and George E. Allen Professor of Law at T. C. Williams School of Law, University of Richmond. He has published Matters of Life and Death with Princeton University Press, and is co-author of the casebook Health Care Law and Ethics, now in its 7th edition. He also has written widely in leading legal and medical journals on critical issues in medical ethics, including end-of-life decisions, new reproductive technologies, and organ transplantation, as well as on affirmative action and other questions in constitutional law.

As a member of the Indiana House of Representatives from November 2002 to November 2008, he authored legislation to make health care insurance more affordable, increase the pool of venture capital for new businesses, and ensure better protection of children from abuse and neglect.

Publications

Books and Chapters

  • *Orentlicher, Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch (NYU Press 2013)
  • *Orentlicher, Hall & Bobinski, Bioethics and Public Health Law (2nd ed., Aspen Publishers 2008)
  • *Hall, Bobinski & Orentlicher, Health Care Law and Ethics (8th ed., Wolters Kluwer 2013; 7th ed., Aspen Publishers 2007; 6th ed. Aspen Law & Business 2003); Curran, Hall, Bobinski & Orentlicher, Health Care Law and Ethics (5th ed. Aspen Law & Business 1998).
  • *Orentlicher, Matters of Life and Death: Making Moral Theory Work in Medical Ethics and the Law (Princeton University Press 2001)
  • Orentlicher, “Genetic Privacy in the Patient-Physician Relationship,” in Genetic Secrets: Protecting Privacy and Confidentiality in the Genetic Era 77-91 (Rothstein, ed., Yale University Press 1997).
  • *Health Care Crisis? The Search for Answers (Misbin, Jennings, Orentlicher & Dewar, eds., University Publishing Group 1995)
  • Orentlicher, “Organ Donation–the Willing Donor,” in Ethics in Emergency Medicine 214-222 (Iserson, Sanders & Mathieu, eds., 2d ed., Galen Press 1995).

Law Review and Journal Articles

  • *Orentlicher, “Abortion and Compelled Physician Speech,” 43 Journal of Law, Medicine & Ethics 9 (2015)
  • Orentlicher, “Medicaid at 50: No Longer Limited to the “Deserving” Poor?,” 15 Yale Journal of Health Policy, Law, and Ethics 185 (2015)
  • Orentlicher, “Aging Populations and Physician Aid in Dying: The Evolution of State Government Policy,” 48 Indiana Law Review 111 (2014)
  • Orentlicher, “Employer-Based Health Care Insurance: Not So Exceptional After All,” 36 University of Arkansas at Little Rock Law Review 541 (2014)
  • Orentlicher, “Concussions and Sports: Introduction,” 42 Journal of Law, Medicine & Ethics 281 (2014)
  • Orentlicher, Pope and Rich, “The Changing Legal Climate for Physician Aid in Dying,” 311 JAMA 1961 (2014)
  • Orentlicher, “Health Care Reform and Efforts to Encourage Healthy Choices by Individuals,” 92 North Carolina Law Review 1637 (2014)
  • Orentlicher, “The Future of the Affordable Care Act: Protecting Economic Health More Than Physical Health?,” 51 Houston Law Review 1057 (2014)
  • Orentlicher, “A Restatement of Health Care Law,” 79 Brooklyn Law Review 435 (2014)
  • Orentlicher, “The FDA’s Graphic Tobacco Warnings and the First Amendment,” 369 New England Journal of Medicine 204 (2013)
  • Orentlicher, “NFIB v. Sibelius: Proportionality in the Exercise of Congressional Power,” 2013 Utah Law Review 463
  • Orentlicher, “Deactivating Implanted Cardiac Devices: Euthanasia or the Withdrawal of Treatment?,” 39 William Mitchell Law Review 1287 (2013)
  • Orentlicher and David, Concussion and Football: Failures to Respond by the NFL and the Medical Profession, 8 FIU Law Review 17 (2013)
  • Orentlicher, “Rights to Health Care in the United States: Inherently Unstable,” 38 American Journal of Law and Medicine 326 (2012)
  • Orentlicher, “Constitutional Challenges to the Health Care Mandate: Based in Politics, Not Law,” 160 University of Pennsylvania Law Review PENNumbra 19 (2011)
  • Orentlicher, “The Legislative Process Is Not Fit for the Abortion Debate,” 41(4) Hastings Center Report 13 (2011).
  • Orentlicher, “Can Congress Make You Buy Broccoli? And Why It Really Doesn’t Matter,” 84 Southern California Law Review Postscript 9 (2011).
  • Orentlicher, “Controlling Health Care Costs Through Public, Transparent Processes: The Conflict Between the Morally Right and the Socially Feasible,” 36 Journal of Corporation Law 807 (2011)
  • Orentlicher, “The Commercial Speech Doctrine in Health Regulation: The Clash Between the Public Interest in a Robust First Amendment and the Public Interest in Effective Protection from Harm,” 37 American Journal of Law & Medicine 299 (2011)
  • Orentlicher, “Cost Containment and the Patient Protection and Affordable Care Act,” 6 FIU Law Review 67 (2010)
  • Orentlicher, “Multiple Embryo Transfers: Time for Policy,” 40(3) Hastings Center Report 12 (2010)
  • Orentlicher, “Rationing Health Care: It’s a Matter of the Health Care System’s Structure,” 19 Annals of Health Law 449 (2010)
  • Orentlicher, “Discrimination Out of Dismissiveness: The Example of Infertility,” 85 Indiana Law Journal 143 (2010)
  • Orentlicher, “Health Care Law: A Field of Gaps,” 19 Annals of Health Law 1 (2010)
  • Orentlicher, “Prescription Data Mining and the Protection of Patients’ Interests,” 38 Journal of Law, Medicine & Ethics 74 (2010)
  • Orentlicher, “Health Care Reform: Beyond Ideology,” 301 JAMA 1816-1818 (2009).
  • Orentlicher, “Presumed Consent to Organ Donation: Its Rise and Fall in the United States,” 61 Rutgers Law Review 295-331 (2009)
  • Orentlicher, “Diversity: A Fundamental American Principle,” 70 Missouri Law Review 777-812 (2005)
  • *Orentlicher, “Making Research a Requirement of Treatment: Why We Should Sometimes Let Doctors Pressure Patients to Participate in Research,” 35(5) Hastings Center Report 20-28 (2005).
  • Orentlicher and Callahan, “Feeding Tubes, Slippery Slopes and Physician-Assisted Suicide,” 25 Journal of Legal Medicine 389-409 (2004)
  • Orentlicher, “The Rise and Fall of Managed Care: A Predictable Tragic Choices Phenomenon,” 47 St. Louis University Law Journal 411-421 (2003).
  • Orentlicher, “Conflicts of Interest and the Constitution,” 59 Washington and Lee Law Review 713-766 (2002).
  • *Orentlicher, “Universality and Its Limits: When Research Ethics Can Reflect Local Conditions,” 30 Journal of Law, Medicine & Ethics 403-410 (2002).
  • Orentlicher, “Placebo-Controlled Trials of New Drugs: Ethical Considerations,” 24 Diabetes Care 771-772 (2001) (invited commentary).
  • Orentlicher, “Beyond Cloning: Expanding Reproductive Options for Same-Sex Couples,” 66 Brooklyn Law Review 651-683 (2000-2001).
  • Orentlicher, “Third Party Payments to Criminal Defense Lawyers: Revisiting United States v. Hodge and Zweig,” 69 Fordham Law Review 1083-1110 (2000).
  • Orentlicher, “The Implementation of Oregon’s Death with Dignity Act: Reassuring, but More Data Are Needed,” 6 Psych. Pub. Pol. and L. 489-502 (2000).
  • Orentlicher, “Paying Physicians More to Do Less: Financial Incentives to Limit Care,” 30 University of Richmond Law Review 155-197 (1996) (cited in the Court’s unanimous opinion in Pegram v. Herdrich, 530 U.S. 211, 220 (2000)).
  • *Orentlicher & Snyder, “Can Assisted Suicide be Regulated?,” 11 Journal of Clinical Ethics 358-366 (2000).
  • Orentlicher, “Medical Malpractice: Treating the Causes Instead of the Symptoms,” 38 Medical Care 247-249 (2000) (an invited editorial).
  • Orentlicher, “Representing Defendants on Charges of Economic Crime: Unethical When Done for a Fee,” 48 Emory Law Journal 1339-1376 (1999).
  • Orentlicher, “Cloning and the Preservation of Family Integrity,” 59 Louisiana Law Review 1019-1040 (1999).
  • Orentlicher, “The Misperception that Bioethics and the Law Lag Behind Advances in Biotechnology,” 33 Indiana Law Review 163-172 (1999).
  • *Orentlicher and Hehir, “Advertising Policies of Medical Journals: Conflicts of Interest for Journal Editors and Professional Societies,” 27 Journal of Law, Medicine & Ethics 113-121 (1999).
  • Orentlicher, “The Alleged Distinction Between Euthanasia and the Withdrawal of Life-Sustaining Treatment: Conceptually Incoherent and Impossible to Maintain,” 1998 University of Illinois Law Review 837-859.
  • Orentlicher, “Affirmative Action and Texas’ Ten Percent Solution: Improving Diversity and Quality,” 74 Notre Dame Law Review 181-210 (1998).
  • Orentlicher, “Spanking and Other Corporal Punishment of Children by Parents: Undervaluing Children, Overvaluing Pain,” 35 Houston Law Review 147-185 (1998).
  • *Orentlicher, “Practice Guidelines: A Limited Role in Resolving Rationing Decisions,” 46 Journal of the American Geriatrics Society 369-372 (1998) (symposium issue on ethical issues in managed care).
  • Orentlicher, “The Supreme Court and Terminal Sedation: Rejecting Assisted Suicide, Embracing Euthanasia,” 24 Hastings Constitutional Law Quarterly 947-968 (1997).
  • Orentlicher, “The Legalization of Physician-Assisted Suicide: A Very Modest Revolution,” 38 Boston College Law Review 443-475 (1997) (cited in a concurring opinion in Washington v. Glucksberg, 521 U.S. 702, 805 (1997)).
  • *Orentlicher, “The Supreme Court and Physician-Assisted Suicide–Rejecting Assisted Suicide But Embracing Euthanasia,” 337 New England Journal of Medicine 1236-1239 (1997).
  • Orentlicher, “Destructuring Disability: Rationing of Health Care and Unfair Discrimination Against the Sick,” 31 Harvard Civil Rights-Civil Liberties Law Review 49-87 (1996).
  • *Orentlicher, “The Legalization of Physician-Assisted Suicide,” 335 New England Journal of Medicine 663-667 (1996).
  • *Orentlicher, “Psychosocial Assessment of Organ Transplant Candidates and the Americans with Disabilities Act,” 18 General Hospital Psychiatry 5S-12S (1996).
  • Orentlicher, “Paying Physicians More to Do Less,” 30 U. Rich. L. Rev. 155 (1996)
  • Orentlicher, “Health Care Reform and the Threat to the Patient-Physician Relationship,” 5 Health Matrix: Journal of Law-Medicine 141-180 (1995).
  • Orentlicher, “Organ Retrieval from Anencephalic Infants: Understanding the AMA’s Recommendations,” 23 Journal of Law, Medicine & Ethics 401-402 (1995).
  • Orentlicher, “Physician Advocacy for Patients under Managed Care,” 6 Journal of Clinical Ethics 333-334 (1995).
  • Orentlicher, “Managed Care and the Threat to the Patient-Physician Relationship,” 10 Trends in Health Care, Law & Ethics 19-24 (1995) (symposium issue on managed care).
  • Orentlicher, “The Limitations of Legislation,” 53 Maryland Law Review 1255-1305 (1994).
  • Orentlicher, “The Influence of a Professional Organization on Physician Behavior,” 57 Albany Law Review 583 605 (1994).
  • *Orentlicher, “Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 308 314 (1994).
  • Glasson & Orentlicher, “Caring for the Poor and Professional Liability: Is There a Need for Tort Reform?,” 270 J.A.M.A. 1740 1741 (1993) (an invited editorial).
  • *Orentlicher, “Corporal Punishment in the Schools,” 267 J.A.M.A. 3205 3208 (1992).
  • *Orentlicher, “The Illusion of Patient Choice in End of Life Decisions,” 267 J.A.M.A. 2101 2104 (1992).
  • *Wolf, Boyle, Callahan, Fins, Jennings, Nelson, Barondess, Brock, Dresser, Emanuel, Johnson, Lantos, Mason, Mezey, Orentlicher & Rouse, “Sources of Concern About the Patient Self Determination Act,” 325 New England Journal of Medicine 1666 1671 (1991).
  • *Orentlicher, “HIV Infected Surgeons: Behringer v Medical Center,” 266 J.A.M.A. 1134 1137 (1991).
  • *La Puma, Orentlicher & Moss, “Advance Directives on Admission: Clinical Implications and Analysis of the Patient Self Determination Act of 1990,” 266 J.A.M.A. 402 405 (1991).
  • *Orentlicher, “Denying Treatment to the Noncompliant Patient,” 265 J.A.M.A. 1579 1582 (1991).
  • *Orentlicher, “The Right to Die After Cruzan,” 264 J.A.M.A. 2444 2446 (1990).
  • *Orentlicher, “Drug Testing of Physicians,” 264 J.A.M.A. 1039 1040 (1990).
  • *Orentlicher, “Advance Medical Directives,” 263 J.A.M.A. 2365 2367 (1990).
  • *Orentlicher, “Genetic Screening by Employers,” 263 J.A.M.A. 1005, 1008 (1990).
  • *Winters, McIntosh, Cheitlin, Elon, Graboys, King, Murdaugh, Orentlicher, Ports, Rainer, “Ethics in Cardiovascular Medicine. Task Force II: The Relation of Cardiovascular Specialists to Patients, Other Physicians and Physician-Owned Organizations,” 16 Journal of the American College of Cardiologists 11-16 (1990).
  • Johnson, Phillips, Orentlicher & Hatlie, “A Fault Based Administrative Alternative for Resolving Medical Malpractice Claims,” 42 Vanderbilt Law Review 1365 1406 (1989).
  • *Orentlicher, “Cruzan v Director of Missouri Department of Health: An Ethical and Legal Perspective,” 262 J.A.M.A. 2928 2930 (1989).
  • *Orentlicher, “Physician Participation in Assisted Suicide,” 262 J.A.M.A. 1844 1845 (1989).
  • Orentlicher, “Does Mother Know Best?,” 40 Hastings Law Journal 1111 1122 (1989) (reviewing M. Field, Surrogate Motherhood (1988)).
  • Note, “Organizational Papers and the Privilege Against Self Incrimination,” 99 Harvard Law Review 640 654 (1986).
  • Supreme Court Case Comment, “Monopolization and the Duty to Cooperate: Aspen Skiing Co. v. Aspen Highlands Skiing Corp.,” 99 Harvard Law Review 275 283 (1985)
  • *Graves, Hudgins, DeLung, Burnett, Scanlon & Orentlicher, “Computerized Patient Flow Analysis of Local Family Planning Clinics,” 13 Family Planning Perspectives 164 170 (1981).

Essays and Reports

  • *Council on Ethical and Judicial Affairs, “Ethical Issues in the Patenting of Medical Procedures,” 53 Food and Drug Law Journal 341-351 (1998) (with Jarrard).
  • *Council on Ethical and Judicial Affairs, “Managed Care Cost Containment Involving Prescription Drugs,” 53 Food and Drug Law Journal 25-34 (1998) (with Quigley).
  • *Council on Ethical and Judicial Affairs, “The Use of Anencephalic Neonates as Organ Donors,” 273 J.A.M.A. 1614-1618 (1995) (with O’Neill).
  • *Council on Ethical and Judicial Affairs, “Financial Incentives for Organ Procurement: Ethical Aspects of Future Contracts for Cadaveric Donors,” 155 Archives of Internal Medicine 581-589 (1995) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues in Managed Care,” 273 J.A.M.A. 330-335 (1995) (with Harwood and Johnson).
  • *Council on Ethical and Judicial Affairs, “Ethical Considerations in the Allocation of Organs and Other Scarce Medical Resources Among Patients,” 155 Archives of Internal Medicine 29-40 (1995) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Disputes Between Medical Supervisors and Trainees,” 272 J.A.M.A. 1861-1865 (1994) (with Leslie and Halkola).
  • *Council on Ethical and Judicial Affairs, “Reporting Adverse Drug and Medical Device Events,” 49 Food and Drug Law Journal 359-365 (1994) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues in Health Systems Reform: The Provision of Adequate Health Care,” 272 J.A.M.A. 1056-1062 (1994) (with Harwood).
  • *Council on Ethical and Judicial Affairs, “Strategies for Cadaveric Organ Procurement: Mandated Choice and Presumed Consent,” 272 J.A.M.A. 809-812 (1994) (with Leslie).
  • *Council on Ethical and Judicial Affairs, “Ethical Issues Related to Prenatal Genetic Testing,” 3 Archives of Family Medicine 633-642 (1994) (with Leslie, Halkola, Feigenbaum).
  • Council on Ethical and Judicial Affairs, “Physician Assisted Suicide,” 10 Issues in Law & Medicine 91-97 (1994).
  • *Council on Ethical and Judicial Affairs, “Gender Discrimination in the Medical Profession,” 4 Women’s Health Issues 1 11 (1994) (with Harwood).
  • *Council on Ethical and Judicial Affairs, “Physician Participation in Capital Punishment,” 270 J.A.M.A. 365 368 (1993) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Caring for the Poor,” 269 J.A.M.A. 2533 2537 (1993) (with Johnson and Conley).
  • *Council on Ethical and Judicial Affairs, “Mandatory Parental Consent to Abortion,” 269 J.A.M.A. 82 86 (1993).
  • *Council on Ethical and Judicial Affairs, “Guidelines on Gifts to Physicians from Industry: An Update,” 47 Food and Drug Law Journal 445 458 (1992) (with Johnson).
  • *Council on Ethical and Judicial Affairs, “Confidentiality of HIV Status on Autopsy Reports,” 116 Archives of Pathology & Laboratory Medicine 1120 1123 (1992) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Physicians and Domestic Violence: Ethical Considerations,” 267 J.A.M.A. 3190 3193 (1992) (with Schweickart and Halkola).
  • *Council on Ethical and Judicial Affairs, “Conflicts of Interest: Physician Ownership of Medical Facilities,” 267 J.A.M.A. 2366 2369 (1992) (with Johnson and Conley).
  • *Council on Ethical and Judicial Affairs, “Decisions Near the End of Life,” 267 J.A.M.A. 2229 2233 (1992) (with Schweickart and Halkola).
  • *Board of Trustees, “Requirements or Incentives by Government for the Use of Long Acting Contraceptives,” 267 J.A.M.A. 1818 1821 (1992).
  • *Council on Ethical and Judicial Affairs, “Sexual Misconduct in the Practice of Medicine,” 266 J.A.M.A. 2741 2745 (1991) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Use of Genetic Testing by Employers,” 266 J.A.M.A. 1827 1830 (1991).
  • *Council on Ethical and Judicial Affairs, “Gender Disparities in Clinical Decision Making,” 266 J.A.M.A. 559 562 (1991) (with Halkola).
  • *Council on Ethical and Judicial Affairs, “Guidelines for the Appropriate Use of Do Not Resuscitate Orders,” 265 J.A.M.A. 1868 1871 (1991) (with Knight).
  • Council on Ethical and Judicial Affairs, “Gifts to Physicians From Industry,” 265 J.A.M.A. 501 (1991) (an editorial).
  • *Board of Trustees, “Legal Interventions During Pregnancy: Court Ordered Medical Treatments and Legal Penalties for Potentially Harmful Behavior by Pregnant Women,” 264 J.A.M.A. 2663 2670 (1990) (with Halkola).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Conflicts of Interest in Medical Center/Industry Research Relationships,” 263 J.A.M.A. 2790 2793 (1990) (with Loeb).
  • *Board of Trustees, “Frozen Pre embryos,” 263 J.A.M.A. 2484 2487 (1990).
  • *Council on Ethical and Judicial Affairs, “Black White Disparities in Health Care,” 263 J.A.M.A. 2344 2346 (1990).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Medical Applications of Fetal Tissue Transplantation,” 263 J.A.M.A. 565 570 (1990) (with Evans).
  • *Council on Scientific Affairs and Council on Ethical and Judicial Affairs, “Persistent Vegetative State and the Decision to Withdraw or Withhold Life Support,” 263 J.A.M.A. 426 430 (1990) (with Evans).

Book Reviews

  • Orentlicher, Book Review, Euthanasia and Law in the Netherlands, 25 Journal of Health Politics, Policy and Law 387-391 (2000).
  • Book Note, Medical Malpractice: Theory, Evidence, and Public Policy, 99 Harvard Law Review 2001 2007 (1986).

Other Publications

  • Orentlicher & Caplan, “Legislation and End-of-Life Care,” 283 J.A.M.A. 2934-2935 (2000) (reply to letters to the editor).
  • Orentlicher, “Principle, Practice, and the Right to Die,” 2(3) ASBH Exchange 1 (1999).
  • Orentlicher, “Mother deserves murder charge,” USA Today, May 24, 1999, 26A.
  • Orentlicher, “Hope for those in need of marrow transplants,” Indianapolis Star, December 29, 1998, A11.
  • Orentlicher, “With proper safeguards, a medical ID will be a lifesaving health policy,” Insight, August 24, 1998, 24.
  • Orentlicher, “Terminal Sedation,” 338 New England Journal of Medicine 1230 (1998) (reply to letters to the editor).
  • Orentlicher, “Medical Trials for Assisted Suicide,” Louisville Courier-Journal, September 3, 1997, 11A.
  • Orentlicher, “Trends suggest ‘duty to die’ may supplant ‘right’ question,” Portland Oregonian, June 27, 1997, B9.
  • Orentlicher, “Why we must preserve the right to die,” Baltimore Sun, October 29, 1996, 9A.
  • Orentlicher, “Navigating the Narrows of Doctor-Assisted Suicide,” Technology Review 62-63 (July 1996).
  • Glasson & Orentlicher, “Mandated Choice for Organ Donation,” 273 J.A.M.A. 1176-1177 (1995) (letter to the editor).
  • Glasson & Orentlicher, “Essential vs Discretionary Health Care in System Reform,” 273 J.A.M.A. 919 (1995) (reply to a letter to the editor).
  • Orentlicher, “Rationing and the Americans with Disabilities Act,” 271 J.A.M.A. 1903-1904 (1994) (reply to a letter to the editor).
  • Glasson & Orentlicher, “HIV Testing: AMA Code of Ethics,” 271 J.A.M.A. 1160 (1994) (letter to the editor).
  • Glasson & Orentlicher, “Gifts From Industry: Laundering Money or Supporting Education?,” 271 J.A.M.A. 505 (1994) (reply to a letter to the editor).
  • Clarke & Orentlicher, “Parental Consent for Abortion,” 269 J.A.M.A. 2211 (1993) (reply to a letter to the editor).
  • Clarke & Orentlicher, “Self-Referral by Physicians,” 328 New England Journal of Medicine 1278 (1993) (letter to the editor).
  • Clarke & Orentlicher, “Reporting Abuse of Competent Patients,” 268 J.A.M.A. 2378 (1992) (reply to a letter to the editor).
  • Clarke & Orentlicher, “‘Futility’ as a Criterion in Limiting Treatment,” 327 New England Journal of Medicine 1240 (1992) (letter to the editor).
  • Clarke & Orentlicher, “Diagnosis of Brain Death and Organ Donation,” 268 J.A.M.A. 1859-1860 (1992) (reply to a letter to the editor).
  • Emanuel, Emanuel & Orentlicher, “Advance Directives,” 266 J.A.M.A. 2563 (1991) (letter to the editor).
  • Orentlicher, “Webster and the Fundamental Right to Make Medical Decisions,” 15 American Journal of Law and Medicine 184-188 (1989).

Presentations

  • “Two Presidents Are Better Than One: The Case for a Bipartisan Executive Branch,” at University of Pennsylvania School of Law (April 2, 2013)
  • See Prof. Orentlicher’s comments on CNN about the oral arguments before the Supreme Court on the constitutionality of Obamacare.
  • See Professor Orentlicher’s comments at NY Times online on the Virginia federal court’s invalidation of the “individual mandate” to purchase health care insurance
  • See Professor Orentlicher’s comments on topical issues at Politico.com
  • “The Constitutionality of the Patient Protection and Affordable Care Act,” 28th Annual Jefferson Fordham Debate, University of Utah S. J. Quinney College of Law (February 6, 2012)
  • “Controlling Health Care Costs through Agency Oversight: The Conflict between the Morally Right and the Socially Feasible,” Journal of Corporation Law Symposium (February 18, 2011)
  • “Cost Containment and the Patient Protection and Affordable Care Act,” Florida International University Law Review Symposium (November 12, 2010)
  • “The Broken Presidency: How It Has Failed Us and How We Can Fix It,” American Political Science Association Annual Meeting (September 3, 2010)
  • “Universal Access to Health Care: The Lessons of History,” 32nd Annual Health Law Professors Conference (June 5, 2009)
  • “Stem Cells: Ethical Considerations,” Ballenger Eminent Persons Lecture Series (March 25, 2009)
  • “Expensive New Drugs: Are They Worth It?,” University of Illinois College of Medicine (October 29, 2008)
  • “Health Care Reform in the United States: The Lessons of History,” Harvard Medical School Alumni Perspectives in Health Care in 2008 and Beyond (September 28, 2008)
  • “A Right to Health Care Under the Constitution: Why Not?”, Constitution Day Program, Southern Illinois University School of Medicine (September 17, 2008)
  • “Implementing Best Practices: Converting Good Ethics into Good Law,” Confronting the Ethics of Pandemic Influenza Planning: The 2008 Summit of the States (July 14, 2008)
  • “Life and Death and the Courts,” Illinois Advanced Judicial Academy (June 7, 2002)
  • Congressional testimony on the “Pain Relief Promotion Act of 1999” (H.R. 2260), before the Subcommittee on the Constitution, Committee on the Judiciary, U.S. House of Representatives (June 24, 1999)
  • “Medical Futility,” Consortium on Bioethics and Social Responsibility, Oriel College, Oxford University (March 30, 1998)

Letter To The Editor From George Lumley ON Troubled Asset Program

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Letter To The Editor From George Lumley

It look like my “Let’s Fix That” campaign is making some progress.

Attached below is a link to the Office of The United States Special Inspector General website and their letter to the United States Secretary of the Treasury.

SIGTARP – Office of the Special Inspector General For The Troubled Asset Relief Program – Watchdog for American Taxpayers headlines Evansville this week  https://www.sigtarp.gov/Pages/home.aspxhttps://www.sigtarp.gov/Pages/home.aspx Their official US government site spotlights Evansville Indiana activity under their “Audit and Other Reports”. The report/letter dated December 14 is still on their main page.https://www.sigtarp.gov/Audit%20Reports/SIGTARP_HHF_Blight_Elimination_Risk.pdf

This letter https://www.sigtarp.gov/Audit%20Reports/SIGTARP_HHF_Blight_Elimination_Risk.pdf details some of the problem that we need to fix in Evansville and the State of Indiana.https://www.sigtarp.gov/Audit%20Reports/SIGTARP_HHF_Blight_Elimination_Risk.pdf

It is my opinion that this attitude or culture of our leaders putting special interest ahead of everyone’s best interest is one of the biggest contributors to our declining neighborhoods. It looks like I have found some support on this Issue as it relates to federal funds. I hope I can find as much support for revamping the Tax Sale/Land bank/Brownfields issue to bring resources to the neighborhoods that need it verses allowing the current culture to funnel all available resources to downtown special interest.

George Lumley

DBA “Let’s Fix That”

Ivy Tech & Deaconess to Announce Innovative New Partnership

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Ivy Tech Community College Chancellor, Jonathan Weinzapfel and Deaconess Health System President and Chief Executive Officer, Linda White, will announce an exciting new partnership at a press conference Thursday, December 17th at 2:30 p.m. (CST).

 

Ivy Tech Community College & Deaconess Health System

PRESS CONFERENCE

Thursday, December 17th

2:30 p.m. (CST)

Deaconess Hospital (front/main lobby)

600 Mary Street

Evansville, IN

Monarch Beverage Again Fails In Liquor Distribution Suit

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written by Marilyn Odendahl for www.theindianalawyer.com

Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.

In an opinion coming just over two weeks from the Dec. 1 oral arguments, the Court of Appeals found Monarch did not show that it was treated differently from any similarly situated class. The unanimous panel affirmed summary judgment in favor of the state in Monarch Beverage Company, Inc. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission, et al., 49A02-1504-PL-245.

On Tuesday, the 7th Circuit Court of Appeals ruled that Indiana’s law prohibiting convenience stores and gas stations from selling beer cold does not violate the Equal Protection Clause of the U.S. Constitution.

In the case before the Indiana Court of Appeals, Monarch made the argument that Indiana’s prohibitions on beer and liquor wholesalers distributing liquor violates Article 1, Section 23 of the Indiana Constitution, the Equal Privileges and Immunities Clause. The COA instead provided the company with a lesson on constitutional law.

“There can be no Equal Privileges and Immunities claim where all classes of person are treated equally,” Judge James Kirsch wrote for the court in a 14-page opinion.

Monarch asserted that state’s alcoholic beverage law provisions limiting wholesalers to distributing either beer or liquor violates the Indiana Constitution. The suds distributor contended the state statutes singled out beer wholesales for disparate treatment that was not justified by the difference between beer and liquor wholesalers.

However, the Court of Appeals pointed out that Monarch could not identify a class who was receiving preferential treatment under Indiana’s Alcoholic Beverages Law’s Prohibited Interest Provisions. The distributor argued the provisions deny beer wholesalers the privilege of also being liquor wholesalers while affording that opportunity to everyone else.

Again the Court of Appeals noted Monarch does not explain who “everyone else” is, nor does it identify any class that is treated differently.

“Pursuant to the Prohibited Interest Provisions, all persons who seek to obtain a wholesaler’s permit from the (Indiana Alcohol and Tobacco Commission) are treated equally and have an equal opportunity to choose to become either a beer wholesaler or a liquor wholesaler, and after a choice has been made, beer and liquor wholesalers are equally prohibited from acquiring a permit to distribute any other alcohol except for wine,” Kirsch wrote.

RS phone scam hitting the area….again

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Evansville Police have received multiple reports from residents that have received calls from someone claiming to be from the IRS.
The scam involves claims that you owe back taxes and will be sued or jailed if you don’t pay the amount in full immediately.
The IRS will never call anyone and demand payment over the phone. They will never ask you to purchase a prepaid credit card at the store and call them back with the card information.
If you receive this call, hang up immediately. The longer they keep you on the phone, the more opportunity they have to convince you that you have to send them money. If you receive a voicemail, do not call the number back.
If you have any questions about anyone contacting you and claiming to be from the IRS or any government agency, hang up and call the local office for that agency. If there is a legitimate issue, they will be able to assist you.
These scams originate overseas. Once you have sent them any type of payment, your money is gone. Local law enforcement does not have the ability to file cases against overseas suspects.
Prevention is the best way to deal with any scam.

Ivy Tech & Deaconess Announce Partnership to Benefit Employees

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Ivy Tech Community College and Deaconess Health System announced an innovative new partnership today, Achieve Your Degree. The Deaconess Achieve Your Degree program will provide guidance and financial assistance to any Deaconess Health System employee interested in pursuing an education at Ivy Tech Community College.

 

“We are excited to expand our partnership with Ivy Tech Community College and provide our staff the opportunity to further their education and skills training,” said Linda E. White, President and CEO of Deaconess Health System. “Participation in Achieve Your Degree will produce well-educated health care professionals in a variety of important fields while simultaneously addressing the need for post-secondary education.  It’s a win-win situation for our entire community.”

 

The Achieve your Degree program is open to all Deaconess employees who are eligible for tuition reimbursement, and they can begin participating immediately. Employees will also be able to start classes during Ivy Tech’s spring semester, which begins on January 11, 2016. Participants will be encouraged to pursue coursework that is applicable to their current or desired position at Deaconess, and it is anticipated that Nursing, Surgical Technology, CNA, Phlebotomy, Medical Assisting, and Paramedic Science will be among the most frequently selected programs.

 

There will be no out-of-pocket tuition costs for Deaconess employees to participate in the program. Tuition will be covered by a combination of financial aid and tuition reimbursement. Another benefit that all employees will receive is deferred tuition (which will cover any initial fees) and in-state tuition rates regardless of their location.

 

“Employers across the state are struggling to find qualified and skilled workers. With the Achieve Your Degree program, Ivy Tech Community College is helping employers to develop that talent from within,” said Ivy Tech Chancellor, Jonathan Weinzapfel. “In addition, by participating in the Achieve your Degree program, Deaconess is investing in their employees and helping them to grow both personally and professionally.”

Evansville man arrested on Auto Theft, Resisting Law Enforcement, and other charges after fleeing from car stop

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Evansville Police arrested 19 year old Donald Brigham Jr. following a car stop this morning.
Bringham was pulled over by police on Lloyd near Green River for traveling 75mph in a 50mph zone. Once stopped, Bringham got out of the vehicle and ran into a nearby neighborhood.
When the officer radioed the vehicle description into dispatch, another officer who was in the process of taking a stolen vehicle report heard the information. Police were able to quickly determine Brigham had just ran from the vehicle that was being reported stolen.
Additional officers came to the area and set up a perimeter and a police K-9 unit was called in for the search.
Brigham was found hiding in a back yard about a block from where he was first pulled over.
Brigham was treated for a dog bite and released. He was arrested for Auto Theft, Resisting Law Enforcement, Possession of Marijuana, and Driving without a License.For full details, view this message on the web.

Gladiators Catch IceMen Late, Win in Overtime

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 The Evansville IceMen dropped a heartbreaker Wednesday at the Ford Center to the Atlanta Gladiators. The Gladiators tied the game with 31 seconds left in regulation and won the game on a power play in overtime.

Atlanta jumped out to an early 1-0 lead, when Justin Buzzeo toe-dragged around an Evansville defenseman before sending a pass across the crease for Patrick D’Amicoto tap into the net on the Gladiators’ first shot.

Late in the period, the IceMen tied the score when Alex Wideman centered a pass from the corner for Daultan Leveille, who tipped the puck past Atlanta goaltenderKent Patterson. Then on Evansville’s first power play, Troy Rutkowski blasted a one-timer past Patterson on the blocker side to put the IceMen in the lead with 13 seconds left in the frame.

The second period was one filled with interesting goals and odd bounces. The Gladiators tied the game at 2-2, when Tyler Murovich scooped up a loose puck off of a faceoff and flipped what looked like a harmless wrist shot on goal. The shot fooled IceMen goalie Scott Greenham as it bounced off of his glove and across the goal line.

Newcomer Mike Duco, who made his Evansville debut, tipped a Chris Rumble shot in front of the net on the team’s second power play to put the IceMen back in front. But Atlanta had an answer when D’Amico centered a pass from behind the net that ricocheted off of the stick of an Evansville defenseman and through the legs of Greenham.

Alex Guptill gave the IceMen their third lead with 1:59 left in the period when he spun low in the right circle and sent a hard centering pass to the front of the net from a sharp angle. The puck bounced off of Patterson’s pad and into the Atlanta net as the IceMen carried the 4-3 lead into the final period.

This time Atlanta’s power play struck back, as Matt Register ripped a shot into the net from the point to even the score at 4-4. Again, Evansville responded. RookieVincent Dunn lifted the stick of a Gladiators defenseman and set up Jordan Sims all alone in front of the net. Sims lifted a backhander over Patterson to give the IceMen a 5-4 lead with under eight minutes to play.

With their goalie pulled, the Gladiators found the equalizer a fourth time when Justin Buzzeo lifted a shot over Greenham’s blocker with 31 seconds to play.

After killing of a penalty in the overtime period, Atlanta got a power play of their own, and Captain Derek Nesbitt scored the game-winner from the right circle.

The two teams meet again January 23 in Atlanta and play a weekend series in Evansville February 26-27.

The IceMen stay home for two games this weekend against the Indy Fuel before a weeklong Holiday break. Friday and Saturday night, Evansville will host the Fuel at 7:15pm at the Ford Center.

The Cheyenne’s Hope Farm Sanctuary’s ambassador dog Bishop will accompany Head Coach Al Sims for the ceremonial puck drop Friday, and representatives from the group that specializes in animal rescue will be selling Chuck-A-Pucks and accepting donations.

Then Saturday is Evansville’s annual Teddy Bear Toss game, where fans are encouraged to bring new or gently used teddy bears in plastic bags to the game. When the IceMen score their first goal, fans will throw the teddy bears onto the ice and the IceMen will donate those to 911 Gives Hope and other local children’s charities.

Vanderburgh County Recent Booking Records

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Justices Affirm Ruling For School In Fired Principal’s Suit

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Jennifer Nelson for www.theindianalawyer.com

An elementary school principal whose administrator’s contract was canceled after school officials learned of his affair with a teacher received constitutional due process in his termination proceedings, the Indiana Supreme Court affirmed Tuesday.

Jeffrey Hewitt, while principal of Monon Trail Elementary School in Hamilton County, admitted to having a consensual affair with a teacher in his school, who would have been his subordinate. He agreed to resign as principal, but keep his teaching position, effective June 30, 2012. But the school board was concerned about his continued employment as principal and sought the termination to be effective immediately.  Hewitt refused and the school board voted 4-0 to immediately terminate his administrator contract.

He sued in February 2012, and the trial court ruled in favor of the school corporation. The Court of Appeals reversed, holding the same procedures used for terminating a teacher’s contract should have been used in terminating his administrator’s contract.
The justices disagreed in Jeffrey Hewitt v. Westfield Washington School Corporation, et al., 29S04-1506-PL-377.

“[W]hile there are no statutory procedures for cancellation of a principal or other administrator contract, there is a statutory section that addresses the power of the superintendent to terminate principals and teachers. The language in that section further demonstrates that the procedure for terminating a teacher and the procedure for terminating a principal are distinct,” Justice Steven David wrote.

The plain language of Hewitt’s contract, the teacher termination statute, and prior case law all support the decision that an opportunity for a hearing with a just cause determination, and all laws governing the employment and dismissal of teachers only apply to Hewitt’s underlying teacher’s contract.

“Because the School only sought to cancel Hewitt’s administrator’s contract and not his underlying teacher’s contract, the School did not need to comply with these provisions,” David wrote.

The justices also held Hewitt’s due process rights were not violated as he was given sufficient notice and an opportunity to be heard before the school board voted to terminate the contract.