Alexander Capron
USC Gould School of Law

Alexander Capron, a globally recognized expert in health policy and medical ethics, joined the USC faculty in January 1985 and retired in January 2023. Over more than five decades in academia, he taught Torts, Bioethics and the Law, Public Health Law, and Law, Science, and Medicine at USC Gould School of Law and previously at Yale, the University of Pennsylvania, and Georgetown Law. At USC, he was also on the faculty of the USC Keck School of Medicine and served as founding co-director of the Pacific Center for Health Policy and Ethics, a campus-wide interdisciplinary research and education center. In 2009-10, he served the University as President of the Faculty. He was named by the National Honor Society of Phi Kappa Phi as its national Scholar for 2022 to 2024.

Besides research and teaching, Capron has been active in public and professional service. Between 1980 and 1983 he directed the President’s Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research, a body established by Congress and appointed by Presidents Carter and Reagan, whose eleven reports led to legislation and regulations on subjects ranging from genetic engineering of human beings to the determination of death and the ethical review of research with human beings. From 2002 to 2006 he served as the first director of Ethics, Trade, Human Rights and Health Law at the World Health Organization, working with experts at its headquarters in Geneva and in regional and country offices to improve the equity of public health measures and medical responses to disease as well as the coordination of health-related policies across all government departments.

In addition to reports of WHO and the President’s Commission, Capron has written or edited over 300 scholarly articles and 17 books, including Public Health Lessons for Non-Vaccine Influenza Interventions: Looking Past COVID-19 (with P. García and E. Schenk, National Academies Press, 2021), Ethical Issues in Governing Biobanks: Global Perspectives (with others, Ashgate, 2008), Treatise on Health Care Law (with others, Matthew Bender, 1991), Law, Science and Medicine (with others, Foundation Press, 1984), and Catastrophic Diseases: Who Decides What? (with J. Katz, Russell Sage, 1975).

Professor Capron received a BA with high honors from Swarthmore College and an LLB from Yale University, where he was an officer of the Yale Law Journal. He is an elected member of the National Academy of Medicine and of the American Law Institute, as well as a Fellow of the American Association for the Advancement of Science. He chaired the Biomedical Ethics Advisory Committee for Congress (1987-90) and was appointed by President Bill Clinton to the National Bioethics Advisory Commission (1996-2001). Capron has served as President of the American Society of Law, Medicine and Ethics, as President of the International Association of Bioethics, and as Board Chair of Public Responsibility in Medicine and Research. Among his other professional roles, he was for 18 years a Commissioner of The Joint Commission (the country’s major accreditor of healthcare organizations) and for 37 years a Trustee of The Century Foundation. He is a Founding Fellow of the Hastings Center, the nation’s first bioethics research institution, and a founder of the Declaration of Istanbul Custodian Group, which works to improve voluntary organ donation and to combat organ trafficking and transplant tourism around the world.

Books

• Public Health Lessons for Non-Vaccine Influenza Interventions: Looking Past COVID-19 (edited with P. Garcia and E. Schenk) (Washington, D.C.: The National Academies Press, 2021).
• Casebook on Ethical Issues in International Health Research, (with R. Cash, D. Wikler, and A. Saxena), (Geneva: World Health Organization, 2009).
• International Ethical Guidelines for Epidemiological Studies, Council for International Organizations of Medical Sciences (A.M. Capron, principal rapporteur) (Geneva: CIOMS, 2008).
• Ethical Issues in Governing Biobanks: Global Perspectives (edited with B. Elger, N. Biller-Andorno, & A. Mauron) (London: Ashgate, 2008).
• Treatise on Health Care Law (with others) (Matthew Bender, 1991, with semi-annual updates).
• Genetics, Ethics and Human Values (edited with Z. Bankowski) (Geneva: CIOMS, 1991).
• Patient Outcome Research Teams: Managing Conflict of Interest (edited with M.S. Donaldson) (Washington, D.C.: National Academy Press, 1991).
• Ethics and Human Values in Family Planning (edited with Z. Bankowski and J. Barzelatto) (Geneva: CIOMS, 1989).
• Law, Science and Medicine (with others) (Foundation Press, 1984; Supplement, 1987 and 1989; 2d ed., 1996).
• Disclosure and Consent: Decisionmaking in Physician-Patient and Lawyer-Client Interactions (with J. Katz) (Yale Law School, 1980).
• Genetic Counseling: Facts, Values, and Norms (joint editor) (A.R. Liss, 1979).
• Catastrophic Diseases -- Who Decides What? (with J. Katz) (Russell Sage Foundation, 1975; paperback, Transaction Books, 1978, 1982).
• Genetic Screening: Programs, Principles, and Research (with others) (National Academy of Sciences, 1975).
• Experimentation with Human Beings: The Authority of the Investigator, Subject, Professions and State in Human Experimentation (J. Katz with assistance of A.M. Capron and E.S. Glass). (Russell Sage Foundation, 1972).

Selected Articles and Book Chapters

• “Normothermic regional perfusion and US legal standards for determining death are not aligned” (with A.K. Glazier), 22 American Journal of Transplantation 1289-90 (2022).
• “Expanding controlled donation after the circulatory determination of death: statement from an international collaborative” (with B. Domínguez Gil , N. Ascher, et al.), 47 Intensive Care Medicine 265-81 (2021).
• “The True Meaning of Financial Neutrality in Organ Donation” (with G.M. Danovitch and F.L. Delmonico,, 77 American Journal of Kidney Disease 967-68 (2021).
• “Voucher-Based Kidney Donation and Redemption for Future Transplant” (with J. L. Veale, N. Nassiri, et al.), 156 JAMA Surgery 812-17 (2021).
• “Covid-19, Free Exercise, and the Changing Constitution,” 51 Hastings Center Report 6-10 (Nov.-Dec. 2021).
• “Financial Neutrality in Organ Donation” (with F.L. Delmonico and G.M. Danovitch), 31 Journal of the American Society of Nephrology 229-230 (2020).
• “Strengthening global efforts to combat organ trafficking and transplant tourism: implications of the 2018 Edition of the Declaration of Istanbul” (with D.E. Martin, K. Van Assche, B. Domínguez-Gil, et. al.), 5 Transplantation Direct e433 (2019).
• “Research Participants Should Have the Option to be Notified of Results of Unknown but Potential Significance” (with N. Hutchinson and A. Doussau), 19 American Journal of Bioethics 78-80 (April 2019).
• “A new edition of the Declaration of Istanbul: updated guidance to combat organ trafficking and transplant tourism worldwide” (with D.E. Martin, K. Van Assche, B. Domínguez-Gil, M. et. al.), 95 Kidney International 757-59 (2019).
• “Looking Back at Withdrawal of Life-Support Law and Policy to See What Lies Ahead for Medical Aid-in-Dying,” 92 Yale Journal of Biology and Medicine 781-791 (2019).
• “Beecher Dépassé: Fifty Years of Determining Death, Legally,” in Defining Death: Organ Transplantation and the Fifty-Year Legacy of the Harvard Report on Brain Death, 48 Hastings Center Report S14-S18 (R. Truog, N. Berlinger, R.L. Zacharias & M.Z. Solomon, eds., Nov. 6, 2018).
• “Where Did Informed Consent for Research Come From?”, 46 Journal of Law, Medicine and Ethics 12-29 (2018).
• “At Last! Aye, and There’s the Rub,” 17 American Journal of Bioethics 4-7 (July 2017).
• “Vouchers for Future Kidney Transplants to Overcome ‘Chronological Incompatibility’ Between Living Donors and Recipients” (with J.L. Veale, N. Nassiri, et al.), 101 Transplantation 2115–19 (2017).
• “Research on Medical Practices (ROMP): Attitudes of IRB Personnel about Randomization and Informed Consent” (with K.M. Porter, M.K. Cho, S.A. Kraft, et al.), 39 IRB: Ethics & Human Research 10-16 (Jan.-Feb. 2017).
• “The Role of the Histocompatibility and Immunogenetics Community in Preventing Organ Trafficking and Transplant Tourism” (with J.S. Gill), 41 American Society for Histocompatibility and Immunogenetics Quarterly 21-23 (Nov. 2017).
• “Building the Next Bioethics Commission,” 47 Hastings Center Report S4-7 (May-June 2017).
• “Providing Coverage for the Unique Lifelong Health Care Needs of Living Kidney Donors Within the Framework of Financial Neutrality” (with J.S. Gill, F.L. Delmonico and S. Klarenbach), 17 American Journal of Transplantation 1176-81(2017).
• “Trafficking in human beings for the purpose of organ removal: Stimulating and Enhancing Partnerships between Transplant Professionals and Law Enforcement” (with E. Muller, G. Erlich, et al.), 2 Transplant Direct e57-90 (Feb. 2016).
• “No ‘Shared Governance’ without Attention to Law, Broadly Conceived” (with S. Gruskin), 16 Bioethics 54-56 (Oct. 2016).
• “Prevention of Transnational Transplant-Related Crimes: What More Can Be Done?” (with D.E. Martin, K. Van Assche, B. Dominguez-Gil, et al.),100 Transplantation 1776-84 (2016).
• “A comparison of institutional review board professionals’ and patients’ views on consent for research on medical practices” (with S.A. Kraft, M.K. Cho, M. Constantine, et al.), 13 Clinical Trials 555-65 (2016).
• “Professional Accountability, Morality, and Legality” (with D.E. Martin), 102 Annals of Thoracic Surgery 1784-85 (2016).
• “Henry Knowles Beecher, Jay Katz, and the Transformation of Research with Human Beings,” 59 Perspectives in Biology and Medicine 55 (2016).
• “Omnipotence and Impotence: The Need for Conversation When Patients and Clinicians Disagree,” 16 American Journal of Bioethics 28 (2016).
• “Reform of Clinical Research Regulations (with D. H. Strauss and E. A. Hurley),” 374 New England Journal of Medicine 1693 (2016).
• "Behavioral Economics in the Physician-Patient Relationship: A Possible Role for Mobile Devices and Small Data" (with D. Spruijt-Metz), in Nudging Health: Health Law and Behavioral Economics, Ch. 16, pp. 233-43 (I. G. Cohen, H. Fernandez Lynch, and C. T. Robertson, eds., Johns Hopkins University Press, 2016).
• “On Not Taking ‘Yes’ for an Answer,” 26 Journal of Clinical Ethics 104-07 (2015).
• “An Open Letter to HHS Secretary Burwell on Ethically Increasing Organ Donation” (with F.L. Delmonico and G.M. Danovitch), 1 Transplant Direct 1-19 (2015).
• “Are There Public Health Domains in ‘Domain-Specific’ Health Nudging?” 15 American Journal of Bioethics 47 (2015).
• “Oversight on the Borderline: Quality Improvement and Pragmatic Research (with J. A. Finkelstein, et al.),” 12 Clinical Trials 457 (2015).
• “Do as I Do: Six Decades of Organ Donation and the Challenges that Shifting to a Market System Would Create around the World,” 77 Journal of Law and Contemporary Problems 25-69 (2014).
• “Circulatory Death Determination in Uncontrolled Organ Donors: A Panel Viewpoint,” (with J. L. Bernat, et al.) 63 Annals of Emergency Medicine 384 (2014) .
• “International Guideline Development for the Determination of Death,” (with S. D. Shemie, et al.), 40 Intensive Care Medicine 788 (2014).
• “A Needed Convention Against Trafficking in Human Organs,” (with M. Lopez-Fraga, et al.), 383 Lancet 9936, 2187 (2014).
• “Open Letter to Xi Jinping, President of the People’s Republic of China: China’s Fight Against Corruption in Organ Transplantation” (with F. Delmonico, J. Chapman, et al.), 97 Transplantation 8, 795 (2014).
• “Organ Markets: Problems Beyond Harms to Vendors,” (with G.M. Danovitch and F.L. Delmonico), 14 American Journal of Bioethics, 23-25 (Oct. 2014).
• “Public Trust and Institutional Culture” (with E. Hurley and A.L. Davis), 44 Hastings Center Report S35 (2014).
• “Balancing Burdens and Benefits: Ethical Issues of Off-Label Prescription Pharmaceutical Use” (with F. Vox, et al.), 5 PM & R: The Journal of Injury, Function, and Rehabilitation, 882 (Oct. 2013).
• “The Real Problem Is Consent for Treatment, Not Consent for Research,” 13 American Journal of Bioethics, 27-29 (Dec. 2013).
• “Organ Trafficking and Transplant Tourism: The Role of Global Professional Ethical Standards—The 2008 Declaration of Istanbul” (with G. M. Danovitch, et al.), 95 Transplantation 1306 (2013).
• "The Circulatory-Respiratory Determination of Death in Organ Donation" (with J. L. Bernat, et al.), 38 Critical Care Medicine 963-970 (2010).
• "The Governance of Scientific Collaborations: The International Reach of U.S. Law," in International Research Collaborations: Much to Gain, Many Ways to Get in Trouble, pp. 97-104, (M. Anderson & N. Steneck, eds., New York: Routledge, 2010).
• "American Law and the Governance of Research Ethics," 22 Singapore Acad. Law Journal 769-84 (2010).
• "Advance Directives," in A Companion to Bioethics, Second Edition, pp. 299-311 (P. Singer & H. Kuhse, eds., London & New York: Blackwell, 2009).
• “Ethical Norms and the International Governance of Genomics: Findings from an International Study,” (with A. Mauron, B. Elger, A. Boggio, A. Ganguli Mitra & N. Biller-Andorno) 19 Kennedy Institute of Ethics Journal 101 (2009).
• “The Legacy of Jay Katz: The Abiding Relevance of the 'Obligation for Conversation' in the Physician-Patient Relationship,” 2 Journal of Health and Life Sciences Law 3-6 (2009).
• “Legalizing Physician-Assisted Suicide,” in Issues in Pharmacy, Law and Ethics, Ch. 3, pp. 35-50 (R. Sadoff, ed., Minneapolis: University of Minnesota, 2008).
• “Legal and Regulatory Standards of Informed Consent in Research,” in The Oxford Textbook of Clinical Research Ethics Ch. 57, pp. 613-32 (E. Emanuel, et al., eds, New York: Oxford University Press, 2008).
• “Organ trafficking and transplant tourism and commercialism: the Declaration of Istanbul,” (Steering Committee of the Istanbul Summit) 372 The Lancet 5-6 (July 5, 2008).
• “Governmental Bioethics Commissions: The Nature of the Beast,” in David Sternberg, ed., Biomedical Ethics: A Multidisciplinary Approach to Moral Issues in Medicine and Biology 326-29 (University Press of New England: Hanover, NH, 2007).
• “Posthumous Sperm Retrieval,” in Biomedical Ethics: A Multidisciplinary Approach to Moral Issues in Medicine and Biology, pp. 269-71 (David Sternberg, ed., Hanover, NH: University Press of New England 2007).
• “Imagining a New World: Using Internationalism to Overcome the 10/90 Gap in Bioethics,” 21 Bioethics 409-12 (2007).
• “Ethical Considerations in International Preparedness Planning Efforts,” in Ethical and Legal Considerations in Mitigating Pandemic Disease, pp. 157-176 (S.M. Lemon, et al., eds., Washington, DC: National Academies Press, 2007).
• “International perspectives on the ethics and regulation of human cell and tissue transplantation,” (with A. Schulz-Baldes & N. Biller-Andorno) 85 Bull. World Health Org. 941-948 (2007).
• “Foreword: Why Bother with Ethics in Biomedical Research?” in Ethics in Biomedical Research: International Perspectives, pp. xi-xii (M. Häyry, T. Takala & Peter Herissone-Kelly, eds., Amsterdam & New York: Rodofi, 2007).
• “Addressing an Ethical Dilemma Dialogically Rather than (Merely) Logically,” 6 Am. Journal Bioethics 36-38 (2006).
• “Experimentation with Human Beings: Light or Only Shadows?” 6 Yale J. Health Policy, Law & Ethics 431-49 (2006).
• “The Dog in the Night-Time; or, the Curious Relationship of the Belmont Report and the President’s Commission,” in Belmont Revisited: Ethical Principles for Research with Human Subjects, Ch. 3, pp. 29-40 (J.F. Childress, E.M. Meslin and H.T. Shapiro, eds., Washington, DC: Georgetown University Press, 2005).
• “Ethical Aspects of Major Increases in Life Span and Life Expectancy,” in Coping with Methuselah: The Impact of Molecular Biology on Medicine and Society, Ch. 6, pp. 198-234 (H. J. Aaron and W. B. Schwartz, eds., Washington, DC: Brookings Institution Press, 2004).
• "Bernard Dickens: Bespoke Public Health, Law and Ethics," 32 Journal of Law, Medicine and Ethics 549 (2004).
• "When Experiments Go Wrong: The U.S. Perspective," 15 Journal of Clinical Ethics 22 (2004).
• "Governmental Bioethics Commissions: The Nature of the Beast," in Biomedical Ethics: A Multidisciplinary Approach to Moral Issues in Medicine and Biology, pp. 326-29 (David Sternberg, ed., Hanover, NH: University Press of New England 2007).
• "Placing a Moratorium on Research Cloning to Ensure Effective Control over Reproductive Cloning," 53 Hastings Law Journal 1057 (2002). - (Hein)
• "Punishing Reproductive Choices in the Name of Liberal Genetics," 39 San Diego Law Review 683 (2002). - (Hein)
• "Stem Cell Politics: The New Shape to the Road Ahead," 2 American Journal of Bioethics 35 (Winter 2002).
• "Remember Asilomar?: Reexamining Science's Ethical and Social Responsibility," (with R. Schapiro) 44 Perspectives in Biology and Medicine 162 (2001).
• "Stem Cells: Ethics, Law and Politics," 20 Biotechnology Law Report 678 (2001).
• "Brain Death - Well Settled Yet Still Unresolved," 344 New England Journal of Medicine 1244 (April 19, 2001).
• "Reexamining Organ Transplantation," 285 JAMA 334 (January 17, 2001).

Other Works

• “Field Notes: Jay Katz, 1922-2008”, 39 Hastings Center Report, No. 1, p. ii (Jan.-Feb. 2009).
• “For the Record” (issues in storage of personal data), 1 Deliberations (USC Law) 6-7 (#2, Winter 2009).
• “For the Record” (legal update on surrogate motherhood), 1 Deliberations (USC Law) 5 (#1, Summer 2008).
• “Designing an Equitable Strategy for Allocating Antiretroviral Treatments” (with Andreas Reis). 2 PLoS Medicine 193 (2005).
• “The Transplant Miracle Still Holds Many Perils Fifty Years Later” (with Luc Noel). The International Herald Tribune, December 30, 2004, at 6.
• "Stop, Think, but Don't Ban Cloning." Los Angeles Times, November 28, 2001, at B13.
• "Letter to the Editor." 285 JAMA 1958 (April 18, 2001).
• "Mapping Our Genomes May Lead to Battles About Use of the Findings (Not the Holy Grail of Biology)." Los Angeles Daily Journal, July 6, 2000, at 6.
• "End Hypocrisy on Stem Cell Tests." Los Angeles Times, May 2, 2000, at B9.
• "Body Body Double: Cloning Humans Still a Distant Fantasy." Boston Globe, January 11, 1998, at C1. [Reprinted as "Body Body Double: Cloning Infants a Distant Fantasy" in Writing and Reading Across the Curriculum, 7th Edition and in Writing and Reading in the Disciplines. (Pearson Custom Publishing, 2000).]
• "Ethical and Human Rights Issues in Research on Mental Disorders That May Affect Decision-Making Capacity." 340 New England Journal of Medicine 1430 (May 6, 1999).
• "Science, Ethics and Public Policy: Responding to Developments in Embryonic Stem Cells." In IMSUT Symposium for Stem Cell Biology: Proceedings (Institute of Medical Science, 2000).
• "Slow Down the Rush to Human Cloning." Los Angeles Times, February 13, 1998, at B9. [also published in Buffalo News, February 22, 1998, at H4, and Cleveland Plain Dealer, February 28, 1998, at 10B.]
• "Stop Any Rush to Clone Human Beings." Newsday, February 18, 1998, at A41.
• "Add Ethics to the Business of Medicine; Medical School: New Doctors Need Training in the Cost Factor for Treatment, But the Patient's Welfare Must Come First." Los Angeles Times, July 10, 1997, at B9.
• Cloning Human Beings: Report and Recommendations of the National Bioethics Advisory Commission (The Commission, July 1997).
• "Counting Sheep: A Presidential Commission Grapples with Issues in Regulating Human Cloning." USC Law 4 (Fall 1997).
• "Perspective on Medical Ethics: Medicare Won't be Swamped with Pregnancy Claims; A 63 Year-Old Woman Giving Birth Should Spur a Debate, Not a Law, About Reproduction Technology." Los Angeles Times, April 25, 1997, at B9.
• "The Clinton Health Plan: A Legal Response." The National Law Journal, October 11, 1993, at S18.
• "Existing Statutes May Not Stop Health Plans from Discriminating Through Selective Marketing." The National Law Journal, October 11, 1993, at S18.
• "Be Sure to Read the Fine Print: Will California Legalize Euthanasia?" (with Vicki Michel). Commonweal, September 25, 1992, at 16.
• "Death by Inches in the Dreamcrossed Twilight: Reflections on the Law of Life-Sustaining Treatment." USC Law 2 (Fall 1991).
• "Perspective on Medicine; Go Easy on Patient Empowerment; Being Hospitalized Now Means Hearing About Life-Support Options; This Shouldn't be a Bureaucratic Terror." Los Angeles Times, December 3, 1991, at 7.
• "The Clinton Health Plan: A Legal Response." The National Law Journal, October 11, 1993, at S18.
• "Existing Statutes May Not Stop Health Plans from Discriminating Through Selective Marketing." The National Law Journal, October 11, 1993, at S18.
• "Be Sure to Read the Fine Print: Will California Legalize Euthanasia?" (with Vicki Michel). Commonweal, September 25, 1992, at 16.
• "Death by Inches in the Dreamcrossed Twilight: Reflections on the Law of Life-Sustaining Treatment." USC Law 2 (Fall 1991).
• "Perspective on Medicine; Go Easy on Patient Empowerment; Being Hospitalized Now Means Hearing About Life-Support Options; This Shouldn't be a Bureaucratic Terror." Los Angeles Times, December 3, 1991, at 7.
• Letter, "Potential for Bias in Economic Analyses" (with M.S. Donaldson). 325 New England Journal of Medicine 1384 (1991).
• Letter, "Criteria of Death." 16 Journal of Medical Ethics 167 (1990).
• "The Worth of One Short Life." Baltimore Sun, May 11, 1990.

Testimony

• U.S. Congress. Senate Committee on Labor and Human Resources. Biomedical Ethics and U.S. Public Policy. Hearings, 103rd Cong., 1st sess., October 14, 1993.
• U.S. Congress. House Committee on Appropriations, Subcommittee on the Legislative Branch. Legislative Branch Appropriations for 1990. Hearings, 101st Cong., 1st sess., January 30, 1989 and February 2, 1989.
• U.S. Congress. House Committee on Science and Technology. Subcommittee on Investigations and Oversight. Human Embryo Transfer. Hearings, 98th Cong., 2d sess., August 8, 1984.
• U.S. Congress. House Select Committee on Aging, Subcommittee on Health and Long-Term Case. The Crisis in Health Care. Hearings, 98th Cong., 1st sess., May 5, 1983.
• U.S. Congress. House Committee on Science and Technology, Subcommittee on Investigations and Oversight. The Procurement and Distribution of Human Organs for Transplantation. Hearings, 98th Cong., 1st sess., April 14, 1983.
• U.S. Congress. House Committee on Science and Technology, Subcommittee on Investigations and Oversight. Human Genetic Engineering. Hearings, 97th Cong., 2d sess., November 16, 1982.
• U.S. Congress. House Committee on Science and Technology, Subcommittee on Investigations and Oversight. Genetic Screening in the Workplace. Hearings, 97th Cong., 2d sess., October 1982.
• U.S. Congress. House Committee on Energy and Commerce, Subcommittee on Health and the Environment. Health Research Act of 1982. Hearings, 97th Cong., 2d sess., April 23, 1982.
• U.S. Congress. Senate Committee on Labor and Human Resources, Subcommittee on Investigations and Oversight. Oversight of the National Cancer Institute, 1981. Hearings, 97th Cong., 1st sess., November 3, 6, 1981.
• U.S. Congress. House Committee on Science and Technology, Subcommittee on Investigations and Oversight, Subcommittee on Health and the Environment. National Cancer Institute's Therapy Program. Joint Hearing, 97th Cong., 1st sess., October 27, 1981.

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