ELLEN M. WEBER

Transcription

1 University of Maryland School of Law 500 West Baltimore Street Baltimore, Maryland ELLEN M. WEBER EMPLOYMENT Professor of Law May 2008 to Present Assistant Professor of Law June 2002 to May 2008 Develop and teach the clinical course, Drug Policy and Public Health Strategies; supervise law students in individual client representation and policy development to expand access to drug treatment in Baltimore and Maryland and address discriminatory practices that bar reintegration of individuals with histories of alcoholism or drug dependence. Conduct scholarly research and writing in areas of health care services for persons with mental health and substance use disorders, public and private insurance, disability rights, drug policy, women s treatment and child welfare issues. Administrative Committee (student disciplinary and procedural matters) (2006 to present) and Committee Chair (2006 to 2010); Faculty Development Committee ( ); Self- Study Planning Committee ( ); Admissions, Student Recruiting and Financial Aid Committee, Member ( ); Student Environment and Awards Committee, Member and Co-Chair ( ; 2004 to present); Alcohol and Drug Awareness Coordinator (2003- present); Public Interest Law Mentor Program, Founder and Coordinator ( ); Interdepartmental Drug and Alcohol Professionals for the University of Maryland Professional Schools (2002-present). Legal Action Center 236 Massachusetts Avenue, Suite Waverly Place Washington, D.C New York, New York Senior Vice President April 2000 to May 2002 Direct the Center s law projects, including litigation, publications, training and technical assistance, focusing on legal issues related to alcoholism, drug dependence, HIV/AIDS and criminal justice histories; Participate in all management activities; Conduct litigation challenging discrimination against individuals with alcohol and drug problems, HIV/AIDS and criminal justice records and the programs that serve them; Supervise substantive work of seven attorneys, one policy researcher and two paralegals and the operation of Washington, D.C. office. 1

2 Director, National Office April 1996 to March 2000 Washington D.C. Established and directed the Center s National Project to Fight Discrimination Against People in Recovery and People with HIV, conducting litigation that challenges disabilitybased discrimination in employment, housing, and public benefits and providing legal assistance to attorneys and organizations around the country; Advocated in Congress on disability discrimination and confidentiality issues and conducted training on these issues; Supervised the operation of the Washington office and co-directed New York office s litigation efforts beginning in September Director of National Policy May 1995 to March 1996 Co-Director of National Policy January 1993 to April 1995 Legislative Counsel November 1988 to December 1992 Established and directed the Center s National Policy Office to advocate in Congress and the executive agencies for the expansion of drug, alcohol and HIV/AIDS treatment and prevention services and the retention of anti-discrimination protections for individuals with drug and alcohol problems; Organized and staffed a national coalition of thirty-four statebased treatment and prevention provider associations; Supervised a staff of up to four people. Significant accomplishments include: Negotiated the alcohol and drug provisions of the Americans With Disabilities Act for the disability rights community Led field efforts to include comprehensive coverage of alcohol and drug treatment in national health care reform bills and crime legislation Negotiated amendments to the Ryan White CARE Act to provide funding for drug treatment Served on federal agency panels that developed drug treatment protocols, and advisory panels for other federally-funded projects involving managed care, workplace drug programs, and AIDS initiatives for drug using populations. Provided technical assistance and trained in areas of expertise. Appeared on national and local media, including The Lehrer NewsHour, National Public Radio s Morning Edition and The Diane Rehm Show. Staff Attorney New York City June November 1988 Developed and litigated cases regarding the employment and legal rights of the Center s clients and workplace drug testing programs. Provided training and technical assistance. 2

3 United States Department of Justice Civil Rights Division, Voting Section Trial Attorney September May 1985 Developed and litigated cases arising under the Voting Rights Act of Analyzed voting changes submitted for preclearance. Conducted research on the political, social, economic and historical background of Southern jurisdictions. Honors: Special Commendation Award,1984; Special Achievement Award, 1983; Exceptional Performance Award, 1982; Outstanding Performance Award, 1981, 1982 and 1984; Instructor, Attorney General s Advocacy Institute, Civil Advocacy Course (1982); Honor Law Graduate. EDUCATION New York University School of Law, J.D Note and Comment Editor, Review of Law and Social Change Dickinson College, B.A (Summa Cum Laude) Phi Beta Kappa 1976, Omicron Delta Kappa 1976, Dana Scholar New York (1981) Maryland (1999) District of Columbia (1999) BAR ADMISSIONS Admitted to practice before the United States Supreme Court, United States Court of Appeals for the Fourth and Fifth Circuit and the United States District Court for Maryland and the Southern and Eastern Districts of New York OTHER PROFESSIONAL ACTIVITIES National Academy of Sciences and Institute of Medicine, Committee on Vaccines Against Drugs of Addiction, Member (July 2002 to September 2003) Adjunct Professor of Law, Georgetown University Law Center, Public Interest Advocacy Seminar (Fall Semester 2001) 3

4 American Bar Association, Member, Commission on Mental and Physical Disability Law (June June 2000) Johnson Institute Foundation, Advisory Board (October ) PUBLICATIONS "Failure of Physicians to Prescribe Pharmacotherapies for Addiction" excerpt reprinted in Alex Kreit, CONTROLLED SUBSTANCES: CRIME, REGULATION, AND POLICY, Carolina Academic Press (forthcoming 2012) Failure of Physicians to Prescribe Pharmacotherapies for Addiction: Regulatory Restrictions and Physician Resistance, 13 J. Health Care Law & Policy 101 (2010) Medical Marijuana and the Law: Perspective, 362 N. Eng. J. Med (Apr. 22, 2010) (with Diane Hoffmann) Child Welfare Interventions for Drug-Dependent Pregnant Women: Limitations of a Non-Public Health Response, 75 UMKC Law Review 789 (Spring 2007) Bridging the Barriers: Public Health Strategies for Expanding Drug Treatment in Communities, 57 Rutgers Law Review 631 (2005) Civil Legal Needs of Individuals in Drug Treatment, 28 Journal of Substance Abuse Treatment (2005) (lead author with R. Grunberger, K. O Grady, and A. Arria.) Teaching to Encourage More to Do, 4 University of Maryland Law Journal of Race, Religion, Gender and Class 279 (2004) Confidentiality and Communication: A Guide to the Federal Drug & Alcohol Confidentiality Law, (Legal Action Center) 2000 (Editor and co-author with Center staff) Americans With Disabilities Act, in Samuels, David G. and Pinko, Howard, Non-Profit Compensation, Benefits, and Employment Law, (John Wiley & Sons) 1998 Draft chapter Drugs and Alcohol in Burgdorf, Robert L., Disability Discrimination in Employment Law (Bureau of National Affairs) 1995 Siting Drug and Alcohol Treatment Programs: Legal Challenges to the NIMBY Syndrome, (U.S. Department of Health and Human Services) 1994 (with R. Cowie) 4

5 "Employing and Accommodating Individuals with Histories of Alcohol and Drug Abuse," Implementing the ADA (Industrial and Labor Relations Program on Employment and Disability at Cornell University) 1994 Alcohol and Drug Dependent Pregnant Women: Laws and Public Policies that Promote and Inhibit Research and the Delivery of Services, " in National Institute on Drug Abuse, Methodological Issues in Epidemiological, Prevention, and Treatment Research on Drug-Exposed Women and Their Children, (HHS) 1992 CONGRESSIONAL TESTIMONY Congressional Forum, Implementation and Enforcement of the Mental Health Parity and Addiction Equity Act (June 2012) House Judiciary Committee, Civil and Constitutional Rights Subcommittee: Hearing on Fair Housing Reform and Freedom of Speech Act of 1997, H.R Submitted written testimony on behalf of the Rights Task Force of the Consortium for Citizens with Disabilities (April 1997) Senate Labor and Human Resources Committee: Hearing on SAMHSA Reauthorization, Flexibility Enhancement and Consolidation Act (July 1995) House Ways and Means Committee, Health Subcommittee: Hearing on Health Care Security Act: Benefits. Coverage of alcohol and drug treatment in national health care reform. (November 1993) Senate Labor and Human Resources Committee: Substance Abuse and Mental Health Benefit in the Health Security Act. (November 1993) (written testimony) House Judiciary Committee, Crime and Criminal Justice Subcommittee: Oversight Hearing on the Provisions of the Proposed Anti-Crime Legislation, H.R (October 1993) House Ways and Means Committee, Trade Subcommittee: Hearing on Asset Forfeiture (April 1992) House Energy and Commerce, Health and the Environment Subcommittee: H.R. 5049: Small Market Reform and Coverage for Treatment of Alcohol and Drug Problems. (May 1992) Senate Judiciary Committee: Confirmation Hearing on the Nomination of Governor Robert Martinez as the Director of the Office of National Drug Control Policy (February 1991) 5

6 House Ways and Means Committee: Health Care Benefits for the Treatment of Drug and Alcohol Problems. (October 1991) (written testimony) REPRESENTATIVE PRESENTATIONS "Health Reform Moves to the States: Maryland and the ACA: How Far In Front?" ASLME Health Law Professors Conference, Tempe, Arizona (June 9, 2012) Reluctance of and Restrictions on Physician Prescribing, Obstacles to the Development and Use of Pharmacotherapies for Addiction, University of Maryland School of Law, Baltimore, MD (Nov. 7, 2008) Clinical Health Law Teaching, The 30th Annual Health Law Professors Conference, Boston, MA (June 1, 2007) Exposing, Exploring and Challenging Assumptions of (and Within) Clinical Legal Education, AALS Workshop on Clinical Legal Education: Challenging Assumptions, New Orleans, LA (May 4, 2007) (with Michael Pinard) Testimony before the Baltimore City Planning Commission on City Council Bills and to Amend the Baltimore City Zoning Code for Outpatient Substance Abuse Treatment and Residential Services (May 6, 2004); Testimony before the Baltimore City Council on City Council Bill to Amend the Baltimore City Zoning Code for Residential Substance Abuse Treatment (May 2008). Testimony before the Maryland Senate Special Committee on Substance Abuse Issues: Failure of the Maryland Department of Public Safety and Correctional Services to Provide Mandated Treatment Services at the Baltimore City Detention Center (July 8, 2003) Chicago-Kent School of Law, Continuing Legal Program on Section 1983 Litigation: Title II of the Americans With Disabilities Act, Chicago, Illinois (March March 2003; April 2005) Georgetown University Law Center, Title II of the Americans With Disabilities Act: Survey of Statutory Standards, Case Law and Trends, for the Section 1983 Civil Rights Litigation Conference. (May 2003) Organized and participated in panel discussion: Teaching Disability Law Issues in a Clinical Setting for the Stanley S. Herr Memorial Conference on Disability Rights and Social Justice (October 2002) 6

7 AWARDS Public Citizen of the Year Award, The National Association of Social Workers, Maryland Chapter (March 2009) Nyswander-Dole Award, American Association for the Treatment of Opioid Dependence, Inc. (Oct. 2007) LITIGATION Smith-Berch, Inc. v. Baltimore County, Md., 68 F. Supp.2d 602 (D.Md. 1999); 115 F. Supp.2d 520 (D.Md. 2000); 216 F. Supp.2d 537 (D. Md. 2002), rev d, Slip Op. No (4 th Cir. 2003), lead counsel in successful challenge under Title II of the Americans With Disabilities Act to zoning hearing requirement imposed on methadone treatment programs that seek to locate in the county; court enjoined county from imposing hearing requirement and required county to treat methadone treatment programs like all other medical offices for purposes of zoning. In subsequent contempt motion against the county for implementing legislation that violated injunction, Fourth Circuit reversed district court s order enjoining the county from implementing new legislation. Burch v. Coca-Cola, Inc, 119 F.3d 305 (5 th Cir. 1997), cert. denied, 522 U.S (1998), amicus curiae participation in employment discrimination case under Title I of the Americans With Disabilities Act on behalf of a manager who was fired after he entered in-patient alcoholism treatment; drafted amicus curiae brief in support of petition for writ of certiorari to United States Supreme Court. Innovative Health Systems v. City of White Plains, 117 F.3d 37 (2 nd Cir. 1997), supervised appellate work in successful challenge to city s refusal to allow an alcohol and drug program to move into a part of the city zoned for that purpose; established national precedent that Title II of the Americans With Disabilities Act covers zoning activities and protects providers of services such as treatment, as well as their clients, from disability-based discrimination. Does v. Chandler, C.A. No HG (Jan. 1996), amicus curiae participation in successful challenge to the State of Hawaii s policy of providing more limited general assistance benefit to individuals with alcoholism and drug dependence problems than those with other disabilities; assisted plaintiffs counsel develop legal theory of case. Burka v. NYC Transit Authority, 739 F. Supp. 814 (S.D.N.Y. 1990), lead counsel in class action challenging the Transit Authority s drug testing policies as a violation of Fourth Amendment s unlawful search and seizure provision and Fourteenth Amendment due process. Court ruled for plaintiffs in most aspects resulting in implementation of accurate drug test procedures, limitation on the job titles that would be subject to drug tests, monetary and injunctive relief for class members. 7

8 Doe v. Roe, 539 N.Y.S.2d 876 (N.Y. Sup. Ct. 1989), aff d, 160 A.D.2d 255, 553 N.Y.S.2d 364 (App. Div. 1 st Dept. 1990), filed successful challenge under New York State Human Rights Law to securities company s dismissal of employee based on a drug test that could not distinguish between an opiate and a poppy seed bagel. Deas v. Levitt, 73 NY2d 525 (Ct. App. 1989), cert. denied, 493 U.S. 933 (1989), lead counsel in due process challenge to the New York City Personnel Department s practice of ending eligibility for civil service positions when list expires for applicant who filed successful administrative appeal of medical disqualification prior to expiration of the list, but was not reinstated before list expired. State of South Carolina v. United States, C.A. No (D.D.C. Sept. 4, 1984) (three-judge court) (action dismissed), lead government counsel in action seeking Section 5 preclearance of South Carolina s 1980 State Senate reapportionment plan; case settled after completion of expedited discovery when South Carolina submitted revised reapportionment plan that complied with the Voting Rights Act. United States v. State of Arkansas, C.A. No. LR-C (E.D. Ark. Nov. 1,1984), developed and litigated this action, the first suit to enforce the 1982 voter assistance provision of the Voting Rights Act; Court entered consent decree. United States v. State of Arkansas, C.A. No. LR-C (E.D. Ark. Nov. 5, 1984), lead counsel in action to enforce the right of overseas citizens and military personnel to vote in the general election; Court granted preliminary relief. Busbee v. Smith, 549 F. Supp. 494 (D.D.C. 1982) (three-judge court), aff d, 103 S.Ct. 809 (1983), lead counsel in action defending the Attorney General s denial of Section 5 preclearance to Georgia s 1980 congressional reapportionment plan; Court denied preclearance, holding that State had purposefully discriminated against black citizens by drawing the Fourth and Fifth Congressional Districts to minimize black voting strength. United States v. Louisville Municipal Separate School District Board of Trustees, C.A. No. EC LS-P (N.D. Miss. February 18, 1983) (three-judge court), lead counsel in Section 5 enforcement action; Court enjoined the use of defendant school district s election procedure pending compliance with the Voting Rights Act. Lucas v. Bolivar County, Mississippi, C.A. No. DC WK-0 (N.D. Miss. July 21, 1983 (three-judge court), amicus curiae participation successfully defended the timeliness of the Attorney General s Section 5 objection to defendant s redistricting plan. United States v. Dallas County Commission, 548 F. Supp. 794 (S.D. Ala. 1982), aff d in part, vacated in part, rev d in part and remanded, 739 F.2d 1529 (11 th Cir. 1984); 636 F. Supp. 704 (S.D. Ala. 1986), co-counsel in challenge to County s at-large election system for county 8

9 commissioners in which Court ultimately ruled that election system diluted black vote in violation of the Voting Rights Act. Brown and United States v. Board of School Commissioners of Mobile County, Alabama, 542 F. Supp (S.D. Ala. 1982), aff d, 706 F.2d 1103 (11 th Cir. 1983), aff d, 464 U.S (1983), co-counsel in racial vote dilution case in which Court ruled that at-large election system for defendant school commissioners was adopted with the intent to discriminate. Bolden and United States v. City of Mobile, Alabama, 542 F. Supp (S.D. Ala. 1982), cocounsel in racial vote dilution case in which Court ruled that at-large election system for city council was adopted with intent to discriminate. 9