Wayne State University
Lance A. Gable
Lance A. Gable
Interim Associate Dean; Associate Professor of Law
Room 3313
(313) 577-3973

Education

JD, Georgetown University Law Center
MPH, Johns Hopkins University
BA, Johns Hopkins University

Biography

Lance Gable, JD, MPH, is an internationally known expert on public health law and bioethics. Professor Gable received a J.D. from Georgetown University Law Center and a M.P.H. from the Johns Hopkins Bloomberg School of Public Health. He also received a B.A. in political science and biology from Johns Hopkins University. He teaches Public Health Law, Bioethics and the Law, Torts, and other health law subjects at Wayne Law.

Professor Gables research addresses the overlap between law, policy, ethics, health and science. He has published journal articles on a diverse array of topics including public health law, ethics, and policy; international human rights; bioterrorism and emergency preparedness; mental health; research ethics; and information privacy. He is also co-editor and co-author respectively of two books: Research with High Risk Populations: Balancing Science, Ethics and the Law (American Psychological Association, 2009, with Buchanan and Fisher) and Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform (World Bank Group, 2007, with Gamharter, Gostin, Hodge, and Van Puymbroeck).

Professor Gable currently is the principal investigator for the project Developing Ethical Guidelines for the Allocation of Scarce Medical Resources During Public Health Emergencies in Michigan. In addition, he is the co-chair of the Wayne State University Stem Cell Research Oversight Committee. He has served as the co-chair of the Wayne State University Clinical and Transnational Research Ethics Workgroup and received the 2010 Wayne State University Academy of Scholars Junior Faculty Award for the Humanities and Social Sciences. He has helped develop course materials for the World Health Organization Diploma in International Human Rights and Mental Health and has worked as a human rights consultant for the Pan American Health Organization.

Prior to joining the Wayne Law faculty, Professor Gable served as a senior fellow at the Centers for Law and the Publics Health: A Collaborative at Georgetown and Johns Hopkins Universities, which is affiliated with the Word Health Organization and the U.S. Centers for Disease Control and Prevention. He continued his affiliation with the Centers as a scholar from 2006-12. He was the project director for the Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) Legal and Regulatory Issues Project, administered by the Health Resources and Services Administration (HRSA). He was also the Alfred P. Sloan Fellow in Bioterrorism Law and Policy at the Centers for Law and the Publics Health and practiced as a health care law attorney at a major international firm in Washington, D.C.


Books

Realizing the Right to Health
Realizing the Right to Health (Rueffer & Rub) 2009 Gable co-authored a chapter with Lawrence O. Gostin titled "Mental Health as a Human Right"

From Swisshumanrightsbook.com: "Realizing the right to health requires a strong focus on strengthening health care systems and transforming health systems for women. Taking a human rights approach to health means understanding the underlying social determinants of this right, as well as how to ensure the right to health is realized in times of emergency and armed conflict, and for all groups in society, including migrants and refugees, LGBTI persons, prisoners and detainees, and others. In this third volume of the Swiss Human Rights Book series, leading international experts in human rights and health address issues such as access to essential medicine, HIV/AIDS, trade and health, SARS and malaria, and human rights approaches to other key health challenges. They address the role of governments, non-state actors and healthcare practitioners, the responses of multilateral institutions, and highlight some of the most promising strategies for realizing the right to health."

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Research With High-Risk Populations: Balancing Science, Ethics, and Law
Research With High-Risk Populations: Balancing Science, Ethics, and Law (American Psychological Association) 2009 Edited by David Buchanan, DrPH; Celia B. Fisher, PhD; and Lance Gable, JD, MPH

Research With High-Risk Populations provides guidance to social scientists regarding their ethical and legal responsibilities to respond appropriately to threats of harm that may arise during the course of data collection. Contributing authors include leading researchers, ethicists, lawyers, and Institutional Review Board (IRB) members from across the country who illuminate the complexities of the issues using case studies from their own research projects. This collection of ethical and legal analyses examines both the challenges of conducting research designed to responsibly gain a better understanding of the origins of serious health problems, and the moral and legal obligations of researchers who learn of threats of violence in the course of pursuing the primary objectives of the research. This book maps out an appropriate balance between protecting human research participants from harm and generating new scientific knowledge. It will enable researchers and IRB members to become more knowledgeable about the different ways of allowing valuable research to go forward, while minimizing the potential for harm and protecting all parties involved from undue harm and exploitation.

Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform
Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform (The World Bank Group) 2007 with co-authors Katrina Gamharter, Lawrence O. Gostin, James G. Hodge Jr., and Rudolf V. van Puymbroeck

This book summarizes key legal and policy issues for 65 wide-ranging topics related to HIV/AIDS. The book shows how laws and regulations can either underpin or undermine good public health programs and responsible personal behaviors. It provides relevant “practice examples” (citing from actual laws and regulations) and offers selective lists of references. Laws relating to many areas of our lives--from intimate personal conduct to international travel--can contribute to stigma, discrimination, and exclusion, or can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspect in their legislation and regulatory systems.

Selected Publications

 Journal articles

 "Global Health Rights: Employing Human Rights to Develop and Implement the Framework Convention on Global Health," Vol. 15(1) Health and Human Rights 17-31 (2013) (with Benjamin Mason Meier).

"Global Public Health Legal Responses to H1N1," 39 J. L. Med.& Ethics 46-50 (Supplement 1 2011) (with Brooke Courtney, Robert Gatter, and Eleanor D. Kinney).

"Protecting the Mental Health of First Responders: Legal and Ethical Considerations," 39 J. L. Med.& Ethics 56-59 (Supplement 1 2011) (with Lainie Rutkow and Jonathan M. Links).

"A Global Assessment of the Role of Law in the HIV/AIDS Pandemic," 123(3) Public Health 260-264 (2009) (with Lawrence O. Gostin and James G. Hodge, Jr.).

"HIV/AIDS, Sexual and Reproductive Health, and the Law," 98(10) American Journal of Public Health 1779-1786 (2008) (with Lawrence O. Gostin and James G. Hodge, Jr.).

"Global Mental Health: Changing Norms, Constant Rights," 9 Geo. J. Intl Aff. 83-92 (Winter/Spring 2008) (with Lawrence O. Gostin).

"A CDC Review of School Laws and Policies Concerning Child and Adolescent Health," 78 J. School Health 69-128 (2008) (with James G. Hodge, Jr. and Julie Samia Mair).

"The Proliferation of Human Rights in Global Health Governance," 35 J. L. Med.& Ethics 534 (Winter 2007).

"Public Goods, Private Data: History, Ethics, and the Uses of Identifiable Public Health Information" 122 Public Health Reports 7 (Supplement 1 2007) (with Amy L. Fairchild, Lawrence O. Gostin, Ronald Bayer, Patricia Sweeney, and Rob Janssen).

"Risk Management in the Wake of Hurricane Katrina: Hospital Liability Associated with the Use of Volunteer Health Professionals During Emergencies," 10 Mich. St. Univ. J. Med. & L. 57 (2006) (with James G. Hodge, Jr., Stephanie H. Cves, Elizabeth Meltzer, and Sara Kraner).

"The Legal Framework for Meeting Surge Capacity Through the Use of Volunteer Health Professionals During Public Health Emergencies and Other Disasters," 22 J. Contemp. Health L. & Poly 5 (2006) (with James G. Hodge, Jr. and Stephanie H. Cves).

"Legislating and Litigating Health Care Rights Around the World," 33 J.L. Med. & Ethics 636 (2005) (with Colleen M. Flood and Lawrence O. Gostin).

"Mental Health and Due Process in the Americas: Protecting the Human Rights of Persons Involuntarily Admitted and Detained in Psychiatric Institutions," 18 Pan Amer. J. of Pub. Health 366 (2005) (with Javier Vquez, Lawrence O. Gostin, and Heidi V. Jimez).

"Volunteer Health Professionals and Emergencies: Assessing and Transforming the Legal Environment, 3 Biosecurity and Bioterrorism 216 (2005) (with James G. Hodge, Jr. and Stephanie H. Cves).

"The Human Rights of Persons with Mental Disabilities: A Global Perspective on the Application of Human Rights Principles to Mental Health," 63 Maryland L. Rev. 20 (2004) (with Lawrence O. Gostin).

"When the Right to Health and the Right to Religion Conflict: A Human Rights Analysis," 12 Mich. St. J. Intl L. 247 (2004) (with Lesley Stone and Tara Gingerich).

"The Role of State Law in Protecting Human Subjects of Public Health Research and Practice," 31 J.L. Med. & Ethics 638 (2004) (with Scott Burris, Lesley Stone, and Zita Lazzarini).


Book chapters/contributions

"Rights Based Approaches to Public Health Systems" in Rights Based Approaches to Public Health (Springer, 2010) (with Benjamin Mason Meier, Jocelyn E. Getgen, and Leslie London).

"Human Rights of Persons with Mental Disabilities" in The Principles of Mental Health Law and Policy (Oxford University Press, forthcoming 2010) (with Lawrence O. Gostin).

"Mental Health as a Human Right," in Andrew Clapham, Mary Robinson, Claire Mahon, and Scott Jerbi (EDS.), Realizing the Right to Health: Swiss Human Rights Book Volume III (Rfer & Rub, 2009) (with Lawrence O. Gostin).

"Legal Challenges Raised by Non-intervention Research Conducted Under High-risk Circumstances" in David Buchanan, Celia B. Fisher, and Lance Gable (eds.), Research with High Risk Populations: Balancing Science, Ethics, and Law 47-74 (American Psychological Association, 2009).

"Ethical and Legal Frameworks in Non-Intervention Research with High Risk Populations: Concluding Thoughts and Best Practices" in David Buchanan, Celia B. Fisher, and Lance Gable (eds.), Research with High Risk Populations: Balancing Science, Ethics, and Law 233-252 (American Psychological Association, 2009) (with David Buchanan and Celia B. Fisher).

Introduction, in David Buchanan, Celia B. Fisher, and Lance Gable (eds.), Research with High Risk Populations: Balancing Science, Ethics, and Law 3-21 (American Psychological Association, 2009) (with David Buchanan and Celia B. Fisher).

"Public Health Law" in Stanley N. Katz (ed.) Oxford International Encyclopedia of Legal History (Oxford University Press, 2009) (with Lawrence O. Gostin).

"Public Health Law and Biological Terrorism" in Beyond Anthrax: The Weaponization of Infectious Diseases 239-252. (Larry I. Lutwick & Suzanne M. Lutwick eds. 2008)(with James G. Hodge, Jr).

 

Accomplishments

February 28, 2014
Lance A. Gable is serving as one of five guest editors for a special issue by Global Health Governance on a proposed Framework Convention on Global Health to come out in December 2014. The proposal for an FCGH would create a new international framework, grounded in the international human right to health, that would support health at the national and global levels.


June 19, 2013
Lance A. Gable has an article, "Global Health Rights: Employing Human Rights to Develop and Implement the Framework Convention on Global Health," recently published in  Vol. 15(1) of Health and Human Rights 17-31 (2013). Co-author is Benjamin Mason Meier.

 


May 28, 2013
Lance A. Gable contributed a chapter, "Media and Public Health Law," to the new CDC Crisis and Emergency Risk Communicaton Manual, second edition.


April 6, 2013
Lance A. Gable was a co-author and signatory of a recent  amicus brief filed in the case New York Statewide Coalition v. New York City Department of Health and Mental Hygiene supporting the authority of the New York City health department to limit cup sizes for sugar-sweetened beverages and to act incrementally to protect the public's health. The case is currently on appeal from a state court judge's ruling that the ban on large cup sizes exceeded the power of the health department and was arbitrary and capricious.

And on March 22, he spoke about legal and ethical issues related to presumed authorization of organ donation on a panel at the Transplantation Disparities: Controversies and Emerging Prospects, Fourth Annual Kountz/Callender/Drew Transplant Symposium, in Detroit. This symposium is sponsored by Gift of Life and the Minority Organ Tissue Transplant Education Program.


August 22, 2012
Lance A. Gable presented a lecture, "Supreme Court's Decision on Health Care Reform," for Wayne State University School of Medicine's Medicine and Political Action in the Community organization. The lecture was about the Affordable Care Act. MPAC lectures are designed to support the involvement of WSU medical students interested in political issues and action.


December 21, 2011
Lance A. Gable presented at the Michigan Industrial Hygiene Association's Annual Mini-conference, on the topic of Ethics, Health, and the Law in October 2011. Professor Gable also delivered a lecture for the Wayne State University Humanities Center Colloquium Series on the topic of Ethical Allocation of Scarce Medical Resources During Public Health Emergencies. In addition, he presented at the American Public Health Association's Annual Meeting in Washington, D.C.


December 21, 2011
Lance A. Gable presented at the Health Law Professors Conference in Chicago, IL, an annual meeting sponsored by the American Society of Law, Medicine & Ethics, on the topic Reimagining Public Health Governance: Emergency Preparedness Beyond the Rigid Limits of Law in June 2011.


December 21, 2011
Lance A. Gable presented at the International Congress on Law and Mental Health in Berlin, Germany, on the topic Human Rights for Mental Health Governance: The CRPD in Concept, Structure, and Substance in July 2011.


May 11, 2011
Lance A. Gable published a paper, "Reproductive Health as a Human Right" in 60 Case Western Reserve Law Review 957 (2010). He also presented at the inaugural Michigan Alliance for Clinical and Translational Science Brown Bag Lecture series on the topic of legal and ethical issues in stem cell research on April, 28 2011.


February 28, 2011
Lance A. Gable co-authored a chapter titled "Rights Based Approaches to Public Health Systems," in Elvira Beracochea (ed.), Rights Based Approaches to Public Health (Springer, 2010) (with Benjamin Mason Meier, Jocelyn E. Getgen, and Leslie London).

He co-authored an article in the Journal of Law, Medicine, and Ethics titled "Protecting the Mental Health of First Responders: Legal and Ethical Considerations," 39 J. L. Med.& Ethics 56-59 (Supplement 1 2011) (with Lainie Rutkow and Jonathan M. Links).

He co-authored an article in the Journal of Law, Medicine, and Ethics titled "Global Public Health Legal Responses to H1N1," ­­39 J. L. Med.& Ethics 46-50 (Supplement 1 2011) (with Brooke Courtney, Robert Gatter, and Eleanor D. Kinney).

He spoke at the Wayne State University Institute on Gerontology Colloquium series on "Legal and Ethical Issues in Research with Older Populations" on Jan. 11, 2011.

He also spoke at the 2011 Public Health Preparedness Summit in Atlanta on "Developing Ethical Guidelines for Allocation of Scarce Medical Resources and Services During Public Health Emergencies: The Experience of Michigan" on Feb. 23, 2011.

 

In The News

March 8, 2014
Lance A. Gable was quoted in an article published online by Examiner.com titled "A stranger in distress."

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October 6, 2013
Lance A. Gable was quoted in a Detroit Free Press article titled "State declares meningitis crisis a 'research project,' exempting records from public."

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October 6, 2013
Lance A. Gable was interviewed for a WDIV-TV "Flash Point" news segment about the Affordable Care Act.

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September 26, 2013
Lance A. Gable was interviewed on the Craig Fahle show on WDET radio for a news segment titled "Health Exchange may be cheaper in Michigan."

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August 8, 2013
Lance A. Gable was interviewed for an "Asked & Answered" feature in the Legal News titled "Lance Gable on NYC's Portion Cap Rule."

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August 5, 2013
Lance A. Gable was quoted in a WDIV-Detroit report titled "Organ donor wants to end her life to save others."

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August 5, 2013
Lance A. Gable was interviewed for a report by CBS-Detroit TV and WWJ radio titled "Woodhaven woman wants to end own life to donate organs." 

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August 5, 2013
Lance A. Gable was interviewed on Fox stations in Detroit and Chicago for a news report on a Woodhaven woman with MS who wishes to end her own life to donate her organs.

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June 26, 2013
Lance A. Gable was the subject of a Legal News article titled "Gable promoted to interim associate dean of Wayne Law."

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May 26, 2013
Lance A. Gable was quoted in a Detroit Free Press article titled "DMC hospitals continue to receive capital infusion, but questions linger."

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May 15, 2013
Lance A. Gable was quoted in a Legal News article titled "Safe to be a good Samaritan?"

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February 19, 2013
Lance A. Gable was quoted in a Detroit Free Press article from the Associated Press titled "Nurse sues, says hospital backs dad's request that no blacks treat his newborn." The story also ran in the Huffington Post, the Sacremento Bee (California); Windsor Star, Calgary Herald and Vancouver Sun (Canada); Washington Times; and in a host of other newspapers and on news stations across the country.

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