Elizabeth Price Foley
Encyclopedia
Elizabeth Price Foley is an American legal theorist who writes and comments in the fields of constitutional law
, bioethics
, and health care law
. She is the Institute for Justice
Chair in Constitutional Litigation and Professor of Law at Florida International University College of Law
, a public law school located in Miami, Florida
. She also serves as the Executive Director of the Florida chapter of the Institute for Justice, where she litigates constitutional cases relating to economic liberty, property rights, free speech, and school choice.
Foley received her bachelor's
from Emory University
, her juris doctor
from University of Tennessee
College of Law, graduating first in her class, and her LL.M.
from Harvard Law School
. She was a Senior Legislative Aide for health policy to U.S. Congressman Ron Wyden
of Oregon
and Legislative Aide to U.S. Congressman Michael A. Andrews
of Texas
. Foley held the rank of Professor of Law at Michigan State University College of Law
and an adjunct professor at the Michigan State University College of Human Medicine
. She joined the FIU College of Law as one of its "founding faculty" in 2002. Foley was awarded a Fulbright grant in spring 2011, conducting research on medical futility
at the School of Law at the National University of Ireland, Galway.
Foley's work on the constitutional implications of human cloning have received worldwide attention, most notably her articles, "The Constitutional Implications of Human Cloning," which appeared in the Arizona Law Review, "Human Cloning and the Right to Reproduce," which appeared in the Albany Law Review, and "Does the FDA Have Authority to Regulate Human Cloning?" which appeared in the Harvard Journal of Law and Technology. In 2005 she served on the Committee on Guidelines for Human Embryonic Stem Cell Research of the National Academy of Sciences
.
Her most recent book, The Law of Life and Death (Harvard University Press 2011) examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. She also explains how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.
Foley's first book, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale University Press 2006), asserts that there is a "morality of American law", defined by the twin principles of limited government
and residual individual sovereignty
. These twin principles, moreover, reveal that there is a harm principle that animates American law and defines the moral
use of governmental power to restrict individual liberty. In December 2006, the book won the Lysander Spooner Award for advancing the literature of liberty.
Foley is a frequent commentator on constitutional and health care law for American media, including CNN
, Fox News, the Washington Post, and the Wall Street Journal.
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, bioethics
Bioethics
Bioethics is the study of controversial ethics brought about by advances in biology and medicine. Bioethicists are concerned with the ethical questions that arise in the relationships among life sciences, biotechnology, medicine, politics, law, and philosophy....
, and health care law
Health law
Health Law is the federal, state, and local law, rules, regulations and other jurisprudence affecting the health care industry and their application to health care patients, providers and payors, and vendors to the health care industry, including without limitation the relationships among...
. She is the Institute for Justice
Institute for Justice
The Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and...
Chair in Constitutional Litigation and Professor of Law at Florida International University College of Law
Florida International University College of Law
The Florida International University College of Law is the law school of Florida International University, located in Miami, Florida in the United States...
, a public law school located in Miami, Florida
Miami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
. She also serves as the Executive Director of the Florida chapter of the Institute for Justice, where she litigates constitutional cases relating to economic liberty, property rights, free speech, and school choice.
Foley received her bachelor's
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...
from Emory University
Emory University
Emory University is a private research university in metropolitan Atlanta, located in the Druid Hills section of unincorporated DeKalb County, Georgia, United States. The university was founded as Emory College in 1836 in Oxford, Georgia by a small group of Methodists and was named in honor of...
, her juris doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from University of Tennessee
University of Tennessee
The University of Tennessee is a public land-grant university headquartered at Knoxville, Tennessee, United States...
College of Law, graduating first in her class, and her LL.M.
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. She was a Senior Legislative Aide for health policy to U.S. Congressman Ron Wyden
Ron Wyden
Ronald Lee "Ron" Wyden is the senior U.S. Senator for Oregon, serving since 1996, and a member of the Democratic Party. He previously served in the United States House of Representatives from 1981 to 1996....
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Legislative Aide to U.S. Congressman Michael A. Andrews
Michael A. Andrews
Michael Allen Andrews was a member of the United States House of Representatives from Texas. He was elected as a Democrat to the 98th United States Congress and the five succeeding Congresses. He served from January 3, 1983, until January 3, 1995...
of Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
. Foley held the rank of Professor of Law at Michigan State University College of Law
Michigan State University College of Law
The Michigan State University College of Law is a private law school located in East Lansing, Michigan which is affiliated with Michigan State University...
and an adjunct professor at the Michigan State University College of Human Medicine
Michigan State University College of Human Medicine
The Michigan State University College of Human Medicine is an academic division of Michigan State University , and grants the Doctor of Medicine degree. CHM was founded in 1964 as the first community-integrated medical school, and has a program that emphasizes patient-centered care and a...
. She joined the FIU College of Law as one of its "founding faculty" in 2002. Foley was awarded a Fulbright grant in spring 2011, conducting research on medical futility
Futile medical care
Futile medical care refers to the belief that in cases where there is no hope for improvement of an incapacitating condition that no course of treatment is called for. It is distinct from the idea of euthanasia because euthanasia involves active intervention to end life, while withholding futile...
at the School of Law at the National University of Ireland, Galway.
Foley's work on the constitutional implications of human cloning have received worldwide attention, most notably her articles, "The Constitutional Implications of Human Cloning," which appeared in the Arizona Law Review, "Human Cloning and the Right to Reproduce," which appeared in the Albany Law Review, and "Does the FDA Have Authority to Regulate Human Cloning?" which appeared in the Harvard Journal of Law and Technology. In 2005 she served on the Committee on Guidelines for Human Embryonic Stem Cell Research of the National Academy of Sciences
United States National Academy of Sciences
The National Academy of Sciences is a corporation in the United States whose members serve pro bono as "advisers to the nation on science, engineering, and medicine." As a national academy, new members of the organization are elected annually by current members, based on their distinguished and...
.
Her most recent book, The Law of Life and Death (Harvard University Press 2011) examines the many, and surprisingly ambiguous, legal definitions of what counts as human life and death. Foley reveals that “not being dead” is not necessarily the same as being alive, in the eyes of the law. She also explains how the need for more organ transplants and the need to conserve health care resources are exerting steady pressure to expand the legal definition of death. As a result, death is being declared faster than ever before. The "right to die," Foley worries, may be morphing slowly into an obligation to die.
Foley's first book, Liberty for All: Reclaiming Individual Privacy in a New Era of Public Morality (Yale University Press 2006), asserts that there is a "morality of American law", defined by the twin principles of limited government
Limited government
Limited government is a government which anything more than minimal governmental intervention in personal liberties and the economy is generally disallowed by law, usually in a written constitution. It is written in the United States Constitution in Article 1, Section 8...
and residual individual sovereignty
Self-ownership
Self-ownership is the concept of property in one's own person, expressed as the moral or natural right of a person to be the exclusive controller of his own body and life. According to G...
. These twin principles, moreover, reveal that there is a harm principle that animates American law and defines the moral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
use of governmental power to restrict individual liberty. In December 2006, the book won the Lysander Spooner Award for advancing the literature of liberty.
Foley is a frequent commentator on constitutional and health care law for American media, including CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
, Fox News, the Washington Post, and the Wall Street Journal.