deFacultyThadPope
Thaddeus M. Pope
Associate Professor of Law

B.A., University of Pittsburgh
Ph.D. Georgetown University
J.D., Georgetown University Law Center

E-mail: tmpope@widener.edu
Phone: 302.477.2230

Thaddeus M. Pope is Associate Professor of Law and a member of the Health Law Institute at Widener's Delaware campus. Professor Pope received a B.A. from the University of Pittsburgh in 1992, a J.D. from Georgetown University in 1997, and a Ph.D. from Georgetown University in 2003.

Following graduation from law school, Professor Pope clerked for the U.S. Court of Appeals for the Seventh Circuit. He then worked as a litigation attorney with Arnold & Porter LLP in Washington, DC from 1997 to 1999 and in Los Angeles from 2000 to 2005.

Professor Pope joined the faculty at the University of Memphis as Assistant Professor of Law in 2005. He was visiting faculty at Widener during the 2007-2008 academic year, and joined the Widener faculty as an Associate Professor of Law in July 2008.

Professor Pope is admitted to practice in California, and he teaches and writes in the areas of Health Law, Bioethics, and Torts. His most recent scholarship focuses on end-of-life (especially medical futility) treatment disputes, on healthcare ethics committees, and on the definition and justifiability of hard paternalism in public health contexts. He tracks recent developments in end-of-life health law at medicalfutility.blogspot.com.

Selected Recent Publications

Law Review & Bar Journal Articles
  • Voluntary Death by Dehydration: Legal Status and Informed Consent Obligations, 17 Widener L. Rev. No. 2 (forthcoming 2011) (with Lindsey Anderson). .
  • Introduction: The Challenge of Controlling End-of-Life Medical Costs, 39 J. L. Med. & Ethics No. 1 (forthcoming 2011) (with Robert Arnold and Amber Barnato).
  • A Definition and Defense of Hard Paternalism: A Conceptual and Normative Analysis of the Restriction of Substantially Autonomous Self-Regarding Conduct, Chapter Five - A New Normative Defense of Hard Paternalism, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1087383 (under revision for publication).
  • The Topography and Geography of U.S. Health Care Regulation, 38 J. L. Med. & Ethics 427-32 (2010).
  • Foreword: Symposium: Health Law and the Elderly: Managing Risk at the End of Life, 17 Widener L. Rev. No. 2 (forthcoming 2011).
  • Surrogate Selection: An Increasingly Viable, but Limited, Solution to Intractable Futility Disputes, 3 St. Louis J. Health L. & Pol'y (forthcoming 2010).
  • A Conversation about End-of_Life Decisionmaking, 14(2) NYSBA Health L.J. 91-107 (2009) (with Nancy Dubler, Timothy Quill & Robert Swidler).
  • Multi-Institutional Health Care Ethics Committees: the Procedurally Fair Internal Dispute Resolution Mechanism, 31 Campbell L. Rev. 257-331 (2009).
  • 2008-2009 National Health Law Moot Court Competition Problem, 30 J. Leg. Med. 443-466 (2009).
  • Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, 9 Marquette Elder’s Advisor 229-68 (2008), reprinted in Medical Treatment and Law 104-45 (Asifa Begumn ed. Amicus Books, Icfai University Press (2010).
  • Medical Futility Statutes: No Safe Harbor to Unilaterally Stop Life-Sustaining Treatment, 75 Tenn. L. Rev. 1-81 (2007), reprinted in Janet L. Dolgin & Lois L. Shepherd, Bioethics and the Law 796-98 (2d ed. Aspen 2009).
  • EMTALA: Its Application to Newborn Infants, 4 ABA Health eSource No. 7 (Mar. 2008).
  • Mediation at the End-of-Life: Getting Beyond the Limits of the Talking Cure, 23 Ohio St. J. on Disp. Resol. 143-94 (2007) (with Ellen Waldman).
  • Rethinking Medical Liability: A Challenge to Defense Lawyers, Trial Lawyers, and Medical Providers: An Introduction to the Symposium, 37 U. Mem. L. Rev. 455-58 (2007).
  • Monstrous Impersonation: A Critique of Consent-Based Justifications for Hard Paternalism, 73 UMKC L. Rev. 681-713 (2005).
  • Is Public Health Paternalism Really Never Justified? A Response to Joel Feinberg, 30 Okla. City U. L. Rev. 121-207 (2005).
  • Counting the Dragon’s Teeth and Claws: The Definition of Hard Paternalism, 20 Ga. St. U. L. Rev. 659-722 (2004).
  • Balancing Public Health against Individual Liberty: The Ethics of Smoking Regulations, 61 U. Pitt. L. Rev. 419-98 (2000).
  • The Maladaptation of Miranda to Advance Directives: A Critique of the Implementation of the Patient Self Determination Act, 9 Health Matrix 139-202 (1999).
Medical & Bioethics Journal Articles
  • Surrogate Decision Making, 139 Chest (forthcoming 2011) (in the new series: Intersection of Law and Medicine).
  • Legal Briefing: Crisis Standards of Care, 21(4) J. Clinical Ethics (forthcoming Jan. 2011).
  • Legal Briefing: Organ Donation, 21(3) J. Clinical Ethics (forthcoming September 2010).
  • Healthcare Ethics Committees Cannot Handle the Increasing Adjudicatory Power that We Are Giving Them (in progress).
  • Model Multi-Institutional Healthcare Ethics Committees (in progress).
  • Legal Briefing: Conscience Clauses and Conscientious Refusal, 21(2) J. Clinical Ethics 163-80 (2010).
  • Review of D. Micah Hester, End-Of-Life Care And Pragmatic Decision Making: A Bioethical Perspective (Cambridge Univ. Press Nov. 2009).
  • Tort Liability and the IRB, 17 Accountability in Research (forthcoming 2010).
  • The Case of Samuel Golubchuk: The Dangers of Judicial Deference and Medical Self-Regulation, 10(3) Am. J. Bioethics 59-61 (Mar. 2010).
  • Legal Briefing: Informed Consent, 21(1) J. Clinical Ethics 72-82 (2010).
  • Legal Update, 21(1) J. Clinical Ethics 83-85 (2010).
  • Resolving Conflicts with Surrogate Decision Makers, 137 Chest 238-39 (2010).
  • Restricting CPR to Patients Who Provide Informed Consent Will Not Permit Physicians to Unilaterally Refuse Requested CPR, 10(1) Am. J. Bioethics 82-83 (Jan. 2010).
  • Legal Briefing: Advance Care Planning, 20(4) J. Clinical Ethics 289-296 (2009).
  • Legal Briefing: Medical Futility and Assisted Suicide, 20(3) J. Clinical Ethics 274-86 (2009).
  • Legal Update, 20(3) J. Clinical Ethics 287-88 (2009).
  • Controversies Abound in End-of-Life Decisions, 18(5) Am. J. Critical Care 400 (2009).
  • DNAR as Default Status: Desirable in Principle, Difficult in Practice, 17 Am. J. Critical Care 404 (2008)
  • Multi-Institutional Hospital Ethics Committees: For Rural Hospitals, and Urban Ones Too, 8(4) Am. J. Bioethics 69-71 (April 2008).
  • Futility: The Limits of Mediation, 132 Chest, 888-89 (Oct. 2008) (with Ellen Waldman)
  • The Language of Living Wills, 178 Can. Med. Assn. J. 1324 (2008)
  • Medical Futility, 15 Mid-Atlantic Ethics Committee Newsletter, Fall 2007, at 6-7.
  • My Bioethics Education at Georgetown, 2(4) Am. J. Bioethics 36-37 (2002)
Books & Book Chapters
  • Paternalistic Public Health Law, in Prevention vs. Treatment: Philosophical, Empirical and Cultural Reflections (Halley S. Faust & Paul T. Menzel eds., forthcoming 2011).
  • Involuntary Passive Euthanasia in U.S. Courts: Reassessing the Judicial Treatment of Medical Futility Cases, in Medical Treatment and Law 104-45 (Asifa Begum ed., Amicus Books 2010).
  • Medical Futility Statutes: Can/Ought They Be Resuscitated? in The Many Ways We Talk about Death in Contemporary Society: Interdisciplinary Studies in Portrayal and Classification ch. 18 (Margaret Souza & Christina Staudt eds., Edwin Mellen Press 2009).
  • Foreword to Stanley A. Terman, Peaceful Transitions: An Ironclad Strategy to Die How and When YOU Want vi-vii (Life Transitions Pub. 2009).
  • Social Contract Theory, Slavery, and the Antebellum Courts, in A Companion to African American Philosophy 125-33 (Tommy Lott & John Pittman eds., Blackwell 2003) (paperback 2006) (with Anita L. Allen)
  • A Definition and Defense Of Hard Paternalism: A Conceptual and Normative Analysis of the Restriction Of Substantially Autonomous Self-Regarding Behavior (Georgetown University doctoral dissertation 2003).
  • Legal Issues (The Right to Privacy and Lawsuits), in Airline Passenger Security: New Technologies and Implementation Issues 34-43 (National Academy of Sciences 1996) (with Paul F. Rothstein).