Quinnipiac University
Jennifer L. Herbst is a Professor of Law & Medical Sciences at Quinnipiac University's School of Law and Frank H. Netter MD School of Medicine. She currently serves as a community member on the adult and pediatric ethics committees for Yale-New Haven Hospital. She has also served as the 2019-2020 Fulbright Canada Research Chair in Health Law, Policy and Ethics at the University of Ottawa and one of ten national fellows in the Future of Public Health Law Teaching program underwritten by the Robert Wood Johnson Foundation. She has spent years on both an Institutional Review Board and an Institutional Animal Care and Use Committee at major research institutions.

Prior to joining the Quinnipiac faculty, she taught at Temple University's Beasley School of Law as an Abraham L. Freedman fellow. Earlier in her career, she worked as defense counsel for hospitals, health care practitioners, and pharmaceutical companies at a law firm in Philadelphia.

Her research looks at the intersection between health, ethics, equity, law, and money. Her work has been published by the Journal of Law, Medicine & Ethics, the Hastings Center Report, the Journal of Legal Medicine, the American Journal of Bioethics, the Journal of Clinical Ethics, PLoS One, Public Health Reports, BMC Medical Ethics, and Health Matrix. Her current research projects include: (1) a multidisciplinary ethics workgroup that crafted, revised, and is now evaluating COVID-related health care system policies related to the allocation of limited resources; and (2) a deep dive into the historic origins of the ethical and legal frameworks used to evaluate health care decision-making for patients unable to make decisions for themselves.

Education

  • AB, Dartmouth College
  • MBIO, University of Pennsylvania
  • LLM, Temple University
  • JD, University of Pennsylvania

Areas of Expertise

  • Bioethics
  • Health Care Law
  • Professional Responsibility

Organization

  • Law

Office Location

  • School of Law and Education 168

Mail Drop

  • LW-FAC

Selected Publications

Scholarly Journals

First Amendment Protection of Evidence-Based Promotion of Prescription Drugs: A Study of Published Clinical Evidence Supporting Off-Label Promotion in the USA

Jennifer L. Herbst, Victoria E. Richards, Mary E. Schramm & Angela Mattie

31 PHARMACEUTICAL MEDICINE 309 (2017)

Scholarly Journals

Permanent Patients: Hospital Discharge Planning Meets Housing Insecurity

Jennifer L. Herbst

47 HASTINGS CENTER REPORT 6 (2017)

Law Reviews

The Ethics of Caring for Hospital-dependent Patients

Calvin Sung & Jennifer L. Herbst

18 BMC MEDICAL ETHICS 75 (2017)

Law Reviews

Public Health Law as a Way to Explore and Develop Professional Identity

Jennifer L. Herbst

44 J.L. MED. & ETHICS 45 (Special Supplement to Issue 1) (2016)

Law Reviews

Off-Label Promotion May Not Be Merely Commercial Speech

Jennifer L. Herbst

88 TEMPLE L. REV. 43 (2015)

Law Reviews

How Medicare Part D, Medicaid, electronic Prescribing, and ICD-10 Could Improve Public Health (But Only If CMS Lets Them)

Jennifer L. Herbst

24 HEALTH MATRIX 209 (2014)

Scholarly Journals

The False Claims Act: a Review and Policy Recommendations

Mary E. Schramm, Jennifer L. Herbst & Angela Mattie

18 INT'L. J. OF PHARMACEUTICAL & HEALTHCARE MARKETING 295 (2014)

Scholarly Journals

Prescription Drug Coverage: Medicine or Science?

Jennifer L. Herbst

43 (4) HASTINGS CENTER REPT. 9 (2013)

Law Reviews

The Short-Sighted Value of Inefficiency: Why We Should Mind the Gap in the Reimbursement of Outpatient Prescription Drugs

Jennifer L. Herbst

2 Case W. Res. J.L. Tech. & Internet 1 (2011)

Chapters

MOLECULAR DIAGNOSTICS FOR THE CLINICAL LABORATORIAN

Jennifer L. Herbst & Jon F. Merz

Ethical, Social, and Legal Issues Related to Molecular Genetic Testing 2d ed. 545 (Humana Press 2006)

Databases