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Michael H. Shapiro

Michael H. Shapiro

Dorothy W. Nelson Professor of Law, Emeritus

Email:
Telephone: (213) 740-2562
Fax: (213) 740-5502
699 Exposition Blvd. Los Angeles, CA 90089-0074 USA Room: 414
SSRN Author Page: Link

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Last Updated: July 2, 2018




Michael H. Shapiro specializes in bioethics and in constitutional law, and in particular, medical and legal ethical issues surrounding research and experimentation; reproductive, genetic, and behavior control; and death and dying. He taught Constitutional Law and Bioethics and Law.

A prolific author on medical ethics and legal questions in the advent of new technologies, Shapiro has written Cases, Materials, and Problems on Bioethics and Law, 2nd ed. (with others, Thomson West, 2003), “Human Enhancement Uses of Biotechnology, Policy, Technological Enhancement and Human Equality” in Encyclopedia of Ethical, Legal, and Policy Issues in Biotechnology (Wiley, 2000), and “The Identity of Identity: Moral and Legal Aspects of Technological Self-Transformation” (Journal of Social Philosophy and Policy, 2005).

Professor Shapiro earned his BA and MA from the UCLA and earned his JD from the University of Chicago Law School, where he was associate editor of the University of Chicago Law Review. He practiced with Swerdlow, Glikbarg & Shimer; was a staff attorney with California Rural Legal Assistance; and was a staff attorney, assistant director of litigation, and acting director of litigation at the Western Center on Law & Poverty. Shapiro lectured at USC Gould School of Law in 1966 and joined the USC Gould faculty again in 1970. He also has taught at Yale Law School and UCLA Law School. Shapiro sat on the Institutional Review Board for Los Angeles County/USC Medical Center, reviewed proposals to Study the Human Genome Project for the U.S. Department of Energy, and is a member of the Pacific Council for Health Policy and Ethics.

Books

  • Cases, Materials, and Problems on Bioethics and Law, 2nd ed. (with others) (Thomson West, 2003).
  • Biological and Behavioral Technologies and the Law (editor and author) (Praeger, 1982).
  • Bioethics and the Law: Cases, Materials, and Problems (with Roy G. Spece, Jr.) (West, 1981; 1985 and 1991 Supplements).

Articles and Book Chapters

  • "Updating Constitutional Doctrine: An Extended Response to the Critique of Compulsory Vaccination." 12 Yale Journal of Health Policy, Law, and Ethics 87 (2012). - (Hein)
  • "What Should Insurance Insure in the PPACA Age? On Paying for Other People's Reproductive Decisions and Ambitions." 33 Whittier Law Review 27 (2011). - (Hein)
  • “Argument Selection in Constitutional Law: Choosing and Reconstructing Conceptual Systems.” 18 Southern California Review of Law & Social Justice 209 (2009). - (SSRN)
  • “Individual Rights, Just Access to Health Care, and Public Health Measures in ‘Normal’ Times and in Times of Crisis: Changes in Basic Principles, or Changes in Their Application, or Both?” In Bioterrorism and Human Rights (Roy Branson, ed.) (Center for Law and Public Policy with the Center for Christian Ethics, Loma Linda University, 2005).
  • “The Identity of Identity: Moral and Legal Aspects of Technological Self-Transformation.” 22 (2) Social Philosophy and Policy 308 (2005).
  • "David Carroll Did Not Want to Be a Role Model.” 78 Southern California Law Review 9 (2004). - (Hein)
  • “On the Possibility of ‘Progress’ in Managing Biomedical Technologies: Markets, Lotteries, and Rational Moral Standards in Organ Transplantation” (Symposium: Thinking About Biomedical Advances: The Role of Ethics and Law). 31 Capital University Law Review 13 (2003). - (Hein)
  • “Does Technological Enhancement of Human Traits Threaten Human Equality and Democracy?” 39 San Diego Law Review 769 (2002). - (Hein)
  • "Constitutional Adjudication and Standards of Review under Pressure from Biological Technologies." 11 Health Matrix 351 (Summer 2001).
  • "Human Enhancement Uses of Biotechnology, Policy, Technological Enhancement and Human Equality." In Encyclopedia of Ethical, Legal, and Policy Issues in Biotechnology (Thomas H. Murray and Maxwell Mehlman, eds.) (Wiley, 2000).
  • "An Orphan's Story: What We Do at USC Law." 74 Southern California Law Review 311 (2000). - (Hein)
  • "I Want a Girl (Boy), Just Like the Girl (Boy) That Married Dear Old Dad (Mom): Cloning Lives." 9 Southern California Interdisciplinary Law Journal 1 (1999). - (Hein)
  • "The Impact of Genetic Enhancement on Equality." 34 Wake Forest Law Review 561 (1999). - (Hein)
  • "Is Bioethics Broke? On the Idea of Ethics and Law 'Catching Up' with Technology." 33 Indiana Law Review 17 (1999). - (Hein)
  • "Lawyers, Judges and Bioethics." 5 Southern California Interdisciplinary Law Journal 113 (1997). - (Hein)
  • "Illicit Reasons and Means for Reproduction: On Excessive Choice and Categorical and Technological Imperatives." 47 Hastings Law Journal 1081 (1996). - (Hein)
  • "How (Not) to Think About Surrogacy and Other Reproductive Innovations" (Symposium: Surrogacy Legislation in California). 28 University of San Francisco Law Review 647 (1994). - (Hein)
  • "Law, Culpability, and the Neural Sciences." In The Neurotransmitter Revolution: Serotonin, Social Behavior, and the Law (R. Masters & M. McGuire, eds.) (Southern Illinois University Press, 1994).
  • "Regulation as Language: Communicating Values By Altering the Contingencies of Choice" (Symposium on Biotechnology Law). 55 University of Pittsburgh Law Review 681 (1994). - (Hein)

FACULTY IN THE NEWS

The Tribune
December 6, 2018
Re: Elyn Saks

Elyn Saks was quoted in an article exploring the economic and social costs that occur due to the mistreatment of persons suffering from mental illness. "Thirty years ago, I was given a diagnosis of Schizophrenia," she said. "My prognosis was ‘grave’: I would never live independently, hold a job, find a loving partner, or get married. My home would be a board-and-care facility, my days spent watching TV in a day room with other people debilitated by mental illness.” The author of the article went on to discuss the ways that people dealing with mental health issues should be cared for, arguing that they "have the right to live with dignity just as anyone with diabetes or hypertension or heart disease. Mental illness, after all, is an illness like any other."

RECENT SCHOLARSHIP

Sam Erman
September, 2018

Sam Erman wrote an op-ed, "Devastation Without Representation in Puerto Rico," posted to The Los Angeles Times on September 20, 2018.

Gregory Keating
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"Principles of Risk Imposition and the Priority of Avoiding Harm," Revus [Online] (2018).

Jody David Armour
September, 2018

"Where Bias Lives in the Criminal Law and its Processes: How Judges and Jurors Socially Construct Black Criminals," American Journal of Criminal Law 45 (2018): 203.