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Christopher Robertson

@profcrobertson.bsky.social
7K followers 982 following 52 posts

Law prof at Boston University. Health law, empirical methods, judgment and decision making.

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Christopher Robertson @profcrobertson.bsky.social · 27/07/2026
New in NEJM: DOJ's theory makes a doctor who prescribes off-label a drug "distributor." HHS claims power to exclude you from Medicare over a treatment decision. This doesn't stop at gender-affirming care — it reaches every off-label prescription. @benjaminabarsky.bsky.social doi.org/10.1056/NEJM...
doi.org
Medical Standards by Federal Fiat | NEJM
The Trump administration’s legal theories about gender-affirming care, if accepted, could shift the equilibrium of medical decision making in the United States in important ways.
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Christopher Robertson @profcrobertson.bsky.social · 21/07/2026
Equivalent surgeries are reimbursed 34% less when performed on women. It is patently unconstitutional, and leads to lifelong patient injuries. We are getting some traction! CMS is accepting public comments on next year's payment rates. We built this to make it easy: surgicalparityproject.org
surgicalparityproject.org
The Surgical Parity Project
Our healthcare system reimburses the same surgery up to 34% less when the patient is a woman. We're ending structural sex discrimination in surgical reimbursement — because equity means safer surgery.
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Christopher Robertson @profcrobertson.bsky.social · 17/04/2026
🍔 🕳️ Right to Try “has been mostly a nothing burger,” said Christopher Robertson. www.medscape.com/viewarticle/...
medscape.com
Right to Try: Promise vs Reality in Cancer Care
Right to Try can allow certain patients with life-threatening conditions access to investigational treatments, but after almost 8 years, the pathway appears to be rarely used in oncology.
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Christopher Robertson @profcrobertson.bsky.social · 17/04/2026
Are surgeries on women REALLY reimbursed at 30% lower rates than equivalent surgeries on men? Yep that's the conclusion of our new paper, and the discrimination impacts physician training and safety for patients. Check out the paper (& LMK if you need full text). journals.lww.com/greenjournal...
Table 1 from the paper, summary of recent studies, methods, and findings.
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Christopher Robertson @profcrobertson.bsky.social · 16/04/2026
⚖️ Reimbursement Parity: How Sex-Based Valuations Harm Patients and Increase Costs — Join us for this Online Congressional Briefing. I'm speaking with phenom surgeons and patients. Come, and ask your Member of Congress to send a staffer to learn. us06web.zoom.us/webinar/regi...
Reimbursement Parity: How Sex-Based Valuations Harm Patients and Increase Costs
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Christopher Robertson @profcrobertson.bsky.social · 16/04/2026
Here we go! AI prescribing drugs, without a human in the loop. Utah says now is the time. I'd like some standard data validation, but oh well. It will prolly work out fine. Check out my new @jama.com piece with Dan Aaron. If you need full text access LMK. jamanetwork.com/journals/jam...
jamanetwork.com
The First AI Drug Prescriber
This Viewpoint explores the entry of AI into clinical care, the role of the US Food and Drug Administration, and the associated legal, public health, and medical implications.
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Christopher Robertson @profcrobertson.bsky.social · 15/01/2026
HOW TO SAVE LIVES. $57B in opioid settlement funds are being distributed, but much on things like police drones and dance parties. In @jama.com, we argue for evidence-based abatement to save lives: Medication asst treatment, naloxone, and independent oversight. Read: doi.org/10.1001/jama...
doi.org
The Lifesaving Potential of Opioid Abatement Funds
This Viewpoint explores how financial settlements related to the US opioid epidemic are being spent and how the funds could be used on potentially lifesaving interventions.
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Reposted by Christopher Robertson
Lisa Kearns @lisakearns.bsky.social · 09/01/2026
In 2 weeks! CUPACon 2026 on current topics in expanded access, presented by NYU Working Group on Compassionate Use & Preapproval Access. Feat Richard Pazdur, Andrew Lo, @hollylynchez.bsky.social @profcrobertson.bsky.social, Alison Bateman-House, and others. Fantastic agenda, workshops, networking.
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Christopher Robertson @profcrobertson.bsky.social · 09/12/2025
Millions of Americans are skipping cancer screenings because they don't know they cost $0 out-of-pocket. New study with Wendy Epstein proves that info works. We're looking for partners 🤝 & funders 💵 to scale up and save lives. 🚀 onlinelibrary.wiley.com/share/author...
onlinelibrary.wiley.com
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Christopher Robertson @profcrobertson.bsky.social · 09/12/2025
New essay with Wendy Epstein explains the life-or-death stakes in the debate about whether to extend Obamacare subsidies or shift Americans to big cost-exposures. For the full argument, also see my book, Exposed (2019, Harvard U Press). www.chicagotribune.com/2025/12/08/o...
chicagotribune.com
Professors: Here are the life-and-death stakes of the debate over Affordable Care Act subsidies
Access to comprehensive health coverage can determine whether people live or die.
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Christopher Robertson @profcrobertson.bsky.social · 03/12/2025
New @jama.com paper on governance of AI in hospitals. Important new guidance while we have no state or federal licensure of AI tools. But big burdens on small hospitals. With IG Cohen and S Palmieri of @petrieflomcenter.bsky.social LMK if you need full text. jamanetwork.com/journals/jam...
jamanetwork.com
New Guidance on Responsible Use of AI
This Viewpoint discusses new guidance on responsible use of artificial intelligence.
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Christopher Robertson @profcrobertson.bsky.social · 11/11/2025
New paper out in @nejm.org explaining how First Amendment rights to religion can be used as a shield to protect public health interventions, such as safe-injection sites, against legal challenge. @benjaminabarsky.bsky.social +Caplan-Bricker LMK if you need full text. www.nejm.org/doi/abs/10.1...
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Christopher Robertson @profcrobertson.bsky.social · 11/11/2025
Save the date! Jan 23-24 BU is hosting the Compassionate Use and Pre-Approval Working Group meeting, CUPACon 2026!
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Christopher Robertson @profcrobertson.bsky.social · 19/10/2025
NYT says the shutdown is about "an extension of expiring Affordable Care Act tax credits." No, the enhanced credits were created in 2021 & extended in 2022 to go ABOVE the limits set by ACA. If/when these credits expire, we go back to ACA levels. Still, deadly. theconversation.com/health-insur...
theconversation.com
Health insurance subsidy standoff pits affordable care for millions against federal budget constraints
Short-term renewals of policies such as the ACA subsidies set up repeated battles in Congress.
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Christopher Robertson @profcrobertson.bsky.social · 06/10/2025
Delighted to work with Jennifer Miller to comment on pharma using speakers bureaus. As we write, "In the US health care system, somebody must inform and educate clinicians about new treatments." Is pharma money the best we can do? Check it out. jamanetwork.com/journals/jam...
jamanetwork.com
The Ethics of Industry-Funded Speakers’ Bureaus
It is often said that a business without marketing is dead. But when a medical product is marketed irresponsibly, it is patients who may pay with their lives. In this context, Wieberdink et al1 examin...
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Christopher Robertson @profcrobertson.bsky.social · 01/07/2025
interesting that the Federal Judicial Center page on the contempt power seems to be down. www.fjc.gov/history/work... still available at Wayback though web.archive.org/web/20250607...
fjc.gov
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Christopher Robertson @profcrobertson.bsky.social · 20/06/2025
"Some innovation saves lives; some innovation kills people,” says Robertson. www.technologyreview.com/2025/06/13/1...
technologyreview.com
Here’s what food and drug regulation might look like under the Trump administration
Leaders of the FDA have published a list of new priorities for the agency. They want to deliver rapidly-approved cures and "unleash AI."
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Christopher Robertson @profcrobertson.bsky.social · 27/04/2025
This week (Apr29), I am co-convening a Congressional briefing on the huge disparities in payment for surgeries for women and how that leads to really bad outcomes -- lifelong pain, disabilities, and even death. You get what you pay for! You can help! ....
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Christopher Robertson @profcrobertson.bsky.social · 24/04/2025
“Licensed professionals are not supposed to be following orders of non-licensed professionals when it comes to clinical care. ... That said [often] the relationships are so close that the corporate practice of medicine doctrine has basically been eviscerated.” www.statnews.com/pharmalot/20...
statnews.com
Eli Lilly opens a new legal front in its battle against compounded GLP-1s
Eli Lilly sued four telehealth firms, but it is adopting a new legal strategy in its fight against compounded GLP-1s.
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Christopher Robertson @profcrobertson.bsky.social · 19/03/2025
Check out our new book, Health Law as Private Law. In addition to the amazing co-editors and authors -- too many to list here, I am particularly excited to have Alexander Calder on the cover. The book is open-access, so dig in! www.cambridge.org/core/books/h...
cambridge.org
Health Law as Private Law
Cambridge Core - Medico-Legal, Bioethics and Health Law - Health Law as Private Law
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Christopher Robertson @profcrobertson.bsky.social · 03/03/2025
Check out the short podcast JAMA recorded with me to discuss the American Law Institute's new Restatement for medical liability. jamanetwork.com/learning/aud...
jamanetwork.com
A New Legal Standard for Medical Malpractice From the American Law Institute
In 2024, the American Law Institute revised the legal standard for assessing medical negligence. Author Christopher T. Robertson, JD, PhD, of Boston University School of Law joins JAMA Executive Editor Gregory Curfman, MD, to discuss these changes in the first-ever restatement of the law.
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Christopher Robertson @profcrobertson.bsky.social · 28/02/2025
The new restatement for medical liability moves towards evidence-based care. I'm quoted as saying, doctors "should not fear liability if they're just practicing good medicine. ... American doctors are probably too scared of liability..." www.medpagetoday.com/practicemana...
medpagetoday.com
Legal Group Issues 'Restatement' of Medical Malpractice Law
More emphasis on use of evidence-based care and nationally recognized practice guidelines
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Christopher Robertson @profcrobertson.bsky.social · 26/02/2025
Our new special communication in @jama.com discussing the new restatement on medical liability. The new approach supports physicians who follow the science, rather than blind custom. If you need full text let me know. jamanetwork.com/journals/jam...
jamanetwork.com
A New Legal Standard for Medical Malpractice
This Special Communication discusses the changes introduced in the first-ever restatement of the law of medical malpractice by the American Law Institute.
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Christopher Robertson @profcrobertson.bsky.social · 17/02/2025
I spent several years working with the California State Bar to understand the racial disparities in the system of attorney discipline, and what we could do about it. Profs Fortney and Zirke have chronicled that work in a new piece: journals.library.wustl.edu/lawpolicy/ar...
journals.library.wustl.edu
Addressing Perceived Racial and Ethnic Disparities in Attorney Discipline
Perceived racial and ethnic disparities in attorney discipline threaten public confidence in the legal profession’s fairness and equity. This Article explores whether lawyers of color are subject to a...
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Christopher Robertson @profcrobertson.bsky.social · 17/02/2025
Last week, I made a trip to Loyola Chicago to speak on GLP-1 drugs and off-label use, with vertically-integrated companies. Here is my part, but others include those by @nathancortez.bsky.social @govindpersad.bsky.social who spoke just before me. luc.hosted.panopto.com/Panopto/Page...
luc.hosted.panopto.com
Beyond What We Can See: Evolving Compliance & Ethical Considerations in the Wake of the Weight Loss Medication Revolution
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Reposted by Christopher Robertson
Emory Law Journal @emorylawjournal.bsky.social · 06/12/2024
New in ELJ: "Structural Sex Discrimination: Why Gynecology Patients Suffer Avoidable Injuries and What the Law Can Do About It" by @profcrobertson.bsky.social, Annabel Kupke, and Dr. Louise P. King. scholarlycommons.law.emory.edu/elj/vol74/is...
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Christopher Robertson @profcrobertson.bsky.social · 28/01/2025
My new NEJM piece on the vaping litigation. One angle that I could only allude to is this: the SCt says that agencies should be subject to presidential control, but here 5thCir dings FDA for flip-flopping when presidency changed. Which is the rule? @medlawdan.bsky.social www.nejm.org/doi/full/10....
nejm.org
E-Cigarettes at the Supreme Court — Potential Implications for the FDA and Public Health | NEJM
The Supreme Court recently agreed to hear a case about adolescent e-cigarette use and the FDA’s role in addressing it. A ruling against the FDA could have implications for its authority and for pub...
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Christopher Robertson @profcrobertson.bsky.social · 14/10/2024
Check out the new podcast featuring our work on structural sex discrimination in gynecology. shows.acast.com/6666be8ab6f3... And the paper: papers.ssrn.com/sol3/papers....
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Christopher Robertson @profcrobertson.bsky.social · 13/04/2024
In another peer-rev paper, we have replicated our landmark finding that JD-Next exam has predictive validity = to LSAT but without the huge racial disparities. Now 50+ law schools are using JD-Next to admit diverse classes of law students. onlinelibrary.wiley.com/doi/full/10....
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Christopher Robertson @profcrobertson.bsky.social · 01/04/2024
If you're talking about suing a prosecutor without mentioning immunity, you might be missing something.
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Christopher Robertson @profcrobertson.bsky.social · 26/03/2024
Today some of the SupCt are gonna pretend that doctors are harmed when FDA merely allows them to prescribe a drug. Some of the justices really want to say that fetuses have standing instead, but the justices don't think the country is fully ready for that theocratic premise. Yet.
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Christopher Robertson @profcrobertson.bsky.social · 26/03/2024
Mind-boggling to see the Right in the SupCourt today asking it to stop the FDA from allowing access to treatments. An inversion of 50+ years of rhetoric about govt interfering with the doctor-patient relationship and medical liberty. Oh well. "Agencies bad" is a simpler msg.
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Christopher Robertson @profcrobertson.bsky.social · 20/03/2024
Yesterday I spoke @ industry conf for giving expanded access (EA) to drugs prior to FDA approval (aka "compassionate use"). Politicians have exploited patient desperation by passing a "Right to Try" (RTT) law that also immunizes companies & doctors (who have no liability anyway). My fav slide.
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Christopher Robertson @profcrobertson.bsky.social · 18/03/2024
The Breyer interview seems so naive, arguing as if "originalist" and "textualists" aren't attentive to the consequences of their decisions, as if people flying those flags were somehow actually apolitical and tethered to a neutral history. If only.
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Christopher Robertson @profcrobertson.bsky.social · 06/03/2024
Fascinating study of doctors behaving as businesses (with false views about customer satisfaction that are also deadly). www.science.org/doi/10.1126/...
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Christopher Robertson @profcrobertson.bsky.social · 05/03/2024
At some point before AI causes extinction of the Huma race I hope that it will at least read my emails and texts and tell me if I have made a bonehead mistake with calendaring my appointments.
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Reposted by Christopher Robertson
Elizabeth Sacha Baroness Cohen @alixabeth.bsky.social · 05/02/2024
TFW Jamelle Bouie films a TikTok in which he calls The Political Value of Time one of his favorite books of political theory from the past few years & goes on to explain & apply several of its core arguments. Bouie’s Tiktoks are scholarly works of art www.tiktok.com/t/ZT87WJaoN/
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Christopher Robertson @profcrobertson.bsky.social · 08/02/2024
New paper w phenom coauthors on surgical tools made for big (male) hands; surgeons with smaller hands (typically women) are harmed. How have markets and the law failed to solve the problem? Need access? LMK. jamanetwork.com/journals/jam...
jamanetwork.com
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Christopher Robertson @profcrobertson.bsky.social · 06/01/2024
An important argument by @lessig that "SCt should not remove Trump from ballot." He says it will be viewed as political not judicial. But do you reach the same conclusion if framed as "SCt should force a state official to put Trump on the ballot"? Any way out? lessig.medium.com/why-trump-sh...
lessig.medium.com
Why Trump Should Not Be Removed, v3
I’ve written a couple of short pieces about the move to invoke Section 3 of the 14th Amendment to block Donald Trump from the ballot. The…
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Christopher Robertson @profcrobertson.bsky.social · 01/01/2024
Happy New Year, except for those with big medical bills. For them, the deductible resets so they are essentially uninsured until they spend $1000 or so out of pocket. Crazy way to design health coverage, as I have argued in my book. www.hup.harvard.edu/books/978067...
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Christopher Robertson @profcrobertson.bsky.social · 18/12/2023
In a recent 5th Circuit decision the court held that FDA couldn't advise the public about drug safety. An inversion of the First Amendment and bad precedent. Check out my new NEJM commentary with a JD student at BU Law. www.nejm.org/doi/full/10....
nejm.org
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