Publications & Presentations

In addition to the publications and presentations listed below, the Center is the editor and sponsor of the Medical-Legal Studies SSRN electronic journal which contains numerous publications related to the field.

Publications by Professor Kapp

  • Marshall B. Kapp, Book Review of “Committed: The Battle Over Involuntary Psychiatric Care” by Dinah Miller and Annette Hanson, in Vol. 17, No. 4, pp. 180-181, Care Management Journals (2016).
  • Marshall B. Kapp, Paul R. Katz, " Can Lawyers Improve Transitions of Care?," Vol. 18, Issue 3, Pages 207–210, Journal of the American Medical Directors Association, (Spring 2017).
  • Marshall B. Kapp, “Future Directions in Public Policy Relating to Elder Abuse,” in Elder Abuse: Research, Practice and Policy, edited by XinQi Dong. New York: Springer, pp. 693-707 (2017).
  • Marshall B. Kapp, Book Review of “Rational Suicide, Irrational Laws: Examining Current Approaches to Suicide in Policy and Law” by Susan Stefan, Vol. 17, No. 3, pp. 151-152, Care Management Journals (2016).
  • Marshall B. Kapp, “Legal Issues,” in Hazzard’s Geriatric Medicine and Gerontology (7th ed.), edited by Jeffrey B. Halter et al. New York: McGraw-Hill Education, pp. 441-449 (2017).
  • Marshall B. Kapp, “Legal Aspects of Oncology Care for Dying Patients,” in Dying and Death in Oncology, edited by Lawrence Berk. Switzerland: Springer International Publishing, pp. 47-66 (2017).
  • Vidhi V. Shah, Marshall B. Kapp, & Stephen E. Wolverton, Medical Malpractice in Dermatology—Part II: What to Do Once You Have Been Served With a Lawsuit, AMERICAN JOURNAL OF CLINICAL DERMATOLOGY, DOI 10.1007/s40257-016-0224-2 (2016)
  • Vidhi V. Shah, Marshall B. Kapp, & Stephen E. Wolverton, Medical Malpractice in Dermatology—Part I: Reducing the Risks of a Lawsuit, AMERICAN JOURNAL OF CLINICAL DERMATOLOGY, DOI 10.1007/s40257-016-0223-3 (2016)
  • Rebecca D. Elon, Marshall B. Kapp, & Fatima Sheikh, “Post-Acute Care and Institutional Long-Term Care for the Elderly,” in Reichel”s Care of the Elderly: Clinical Aspects of Aging, edited by Jan Busby-Whitehead et al. New York: Cambridge University Press, pp. 659-670 (2016).
  • “Front Office Staff as Medical Educators, Risk Creators, and Risk Managers,” Vol. 28, No. 1, pp. 61-64, INTERNATIONAL JOURNAL OF RISK & SAFETY IN MEDICINE (2016).
  • Marshall B. Kapp, “Speculating About the Impact of Healthcare Industry Consolidation on Long-Term Services and Supports,” Vol. 25, No. 2, pp. 1-33, Annals of Health Law (Summer 2016),
  • Marshall B. Kapp, Interview, “Will the Affordable Care Act Deliver?,” Vol. 2, No. 1, pp. 12-15, PLAID: People Living With and Inspired by Diabetes (Spring 2016).
  • Marshall B. Kapp, Shenifa Taite, & Gregory Turner, “Medical-Legal Partnerships: Six Situations in Which Elder Law Attorneys and Physicians Caring for Older Patients Need Each Other,” Vol. 37, No. 6, pp. 115-118, Bifocal: A Journal of the ABA Commission on Law and Aging (August 2016).
  • Marshall B. Kapp, “Teaching Legal Competencies Through an Individualized Elective in Medicine and Law,” Gerontology & Geriatrics Education, DOI: 10.1080/02701960.2016.1247072 (2016)
  • Marshall B. Kapp, Book Review of “Divergent Paths:  The Academy and the Judiciary” by Richard A. Posner, Vol. 90, No. 5, p. 120, Florida Bar Journal (June 2016).
  • Marshall B. Kapp, “The Physician’s Responsibility Concerning Firearms and Older Patients,” Vol. 25, No. 2, pp. 159-186 KANSAS JOURNAL OF LAW & PUBLIC POLICY (Spring 2016).
  • Marshall B. Kapp, Book Review of “International and Comparative Law on the Rights of Older Persons” edited by Ralph Ruebner, Teresa Do, & Amy Taylor, Vol. 17, No. 1, pp. 61-62, Care Management Journals (2016).
  • Marshall B. Kapp, Book Review of “Rights Come to Mind:  Brain Injury, Ethics, and the Struggle for Consciousness” by Joseph Fins, Vol. 17, No. 1, pp. 64-67, Care Management Journals (2016).
  • Marshall B. Kapp, Book Review of “Imbeciles: The Supreme Court, American Eugenics, and the Sterilization of Carrie Buck” by Adam Cohen, Vo. 90, No. 7, p. 68, Florida Bar Journal (July/August 2016).
  • “Getting Physicians and Patients to Choose Wisely: Does the Law Help or Hurt?,” Vol. 46, No. 2, pp. 529-543, UNIVERSITY OF TOLEDO LAW REVIEW (Winter 2015).
  • Marshall B. Kapp, Book Review of Health Care in America: A History, by John C. Burnham, Vol. 16, No. 3, pp. 170-171 CARE MANAGEMENT JOURNALS (2015).
  • “Legal Issues in Critical Care,” in Principles of Critical Care (4th Edition), edited by Jesse Hall et al. New York: McGraw-Hill, pp. 125-130 (2015).
  • Marshall B. Kapp, “Aging Population,” in Oxford Handbook of U.S. Healthcare Law, edited by I. Glenn Cohen, Allison K. Hoffman, & William M. Sage. New York: Oxford University Press, published electronically in Oxford Handbooks Online (July 2015), doi: 10.1093/oxfordhb/9780199366521.013.49.
  • Marshall B. Kapp, Letter to the Editor, Standards of Care and Best Care, Health Affairs, Vol. 34, No. 7, p. 1253 (July 2015).
  • Marshall B. Kapp, “Long-Term Care and the Law,” in Long-Term Care in an Aging Society: Theory and Practice, edited by Graham D. Rowles & Pamela B. Teaster. New York: Springer Publishing Company, pp. 379-395 (2015).
  • Marshall B. Kapp & Michael Nair-Collins, "Impaired Professionals" in Bioethics (4th Edition), edited by Bruce Jennings. Farmington Hills, MI: MacMillan Reference, Vol. 3, pp. 1628-1631 (2014).
  • Marshall B. Kapp, "Aging and the Aged: Research Ethics," in Bioethics (4th Edition), edited by Bruce Jennings. Farmington Hills, MI: MacMillan Reference, Vol. 1, pp. 129-131 (2014).
  • Marshall B. Kapp, “Older Persons and Compromised Decisional Capacity: The Role of Public Policy in Defining and Developing Core Professional Competencies,” Vol. 26, No. 4, pp. 295-307, JOURNAL OF AGING AND SOCIAL POLICY (2014).
  • Marshall B. Kapp, Book Review Essay of “Global Health Law” by Lawrence O. Gostin, Vol. 26, pp. 177-181, INTERNATIONAL JOURNAL OF RISK & SAFETY IN MEDICINE (2014).
  • Marshall B. Kapp, Are Nursing Home Regulations Like Cobwebs? Book Review Essay on The Rule of Nobody by Philip K. Howard, THE GERONTOLOGIST, Vol. 54, No. 5, pp. 885-889 (October 2014).
  • Marshall B. Kapp, Book Review of “Comparative Perspectives on Adult Guardianship” edited by A. Kimberley Dayton, Vol. 88, No. 8, p. 151, Florida Bar Journal (Sept./Oct. 2014).
  • Marshall B. Kapp, Book Review of “Caring and the Law” by Jonathan Herring, in Care Management Journals, Vol. 15, No. 2, pp. 98-99 (2014).
  • Marshall B. Kapp, “Old Age is No Time to Be Doing Time,” JOURNAL OF THE AMERICAN GERIATRICS SOCIETY, Vol. 62, No. 4, pp. 775-776 (Invited Editorial) To read the entire article, click here (subscription may be required).
  • Marshall B. Kapp & Leslie M. Beitsch,"Florida's Health Care Certificate of Need: Is Florida's Certificate of Need Program Necessary?"  Health Care Foundation of South Florida: Miami, FL (January 2014).
  • Marshall B. Kapp, “Advance Directives,” “Nursing Home Reform Act,” and “Substitute Decision Making,” in Encyclopedia of Elder Care (3rd Edition), edited by Elizabeth A. Capezuti, Michael L. Malone, Paul R. Katz, & Mathy D. Mezey, New York: Springer Publishing Company, pp. 18-20, 501-503, and 710-712 (2014).
  • Marshall B. Kapp, The POLST Paradigm for Patients With Advanced, Irreversible Illness: A Therapeutic Jurisprudence Basis for Legal Codification, MEDICINE & LAW, Vol. 32, No. 3, pp. 373-388 (2013).
  • Marshall B. Kapp, Editor, Pandemic Influenza Benchguide: Legal Issues Concerning Quarantine and Isolation, 2013 Edition. Florida Court Education Council, Publications Committee: Tallahassee, FL
  • Marshall B. Kapp & Amy T. Campbell, Interprofessional Education for Future Physicians: Including Legal Competencies, 23(3S) MEDICAL SCIENCE EDUCATOR 566-569 (2013).
  • “For Love, Legacy, or Pay: Legal and Pecuniary Aspects of Family Caregiving,” Vol. 14, No. 3, pp. 205-208 , JOURNAL OF LONG-TERM HOME HEALTH CARE (Fall 2013).
  • “Geriatric Patients, Firearms, and Physicians,” Vol. 159, No. 6, pp. 421-422, Annals of Internal Medicine (September 17, 2013).
  • "Advance Medical Care Planning:  The Legal Environment,” in Advance Care Planning:  Communicating About Matters of Life and Death, edited by Leah Rogne and Susana McCune, New York:  Springer Publishing Company, pp. 59-73 (2014).
  • "A Legal Approach to the Use of Human Biological Materials for Research Purposes," Vol. 10, No. 1, pp. 1-29, Rutgers Journal of Law and Public Policy (Spring 2013). Rutgers Policy Journal [pdf]
  • "Looking at Age Discrimination Laws Through a Global Lens," Vol.37, No. 1, pp. 70-75, Generations: Journal of the American Society on Aging (Spring 2013).
  • "Health Reform and the Affordable Care Act: Not Really Trusting the Consumer," Vol.42, No. 1, pp. 9-33, Stetson Law Review (2012).
  • "Legal Issues in Aging Families," in Handbook of Families and Aging (2nd ed.), edited by Rosemary Blieszner & Victoria H. Bedford, Santa Barbara, CA: Praeger, pp. 387-407 (2012).
  • "Informed Consent and Risk Management" (co-author) in Comprehensive Dermatologic Drug Therapy, 3rd Edition, edited by Stephen E. Wolverton, Philadelphia: Elsevier, pp. 766-770 (2012).
  • "Medicine, Law, Ethics: Teaching Versus Learning," Vol. 9, pp. 338-342, Clinical Teacher (Oct. 2012) (with Turner and Baker).
  • "A Collaborative Center in Medicine and Law: Lessons from a Disruptive Innovation," Vol. 9, No. 2, pp. 457-470 Indiana Health Law Review (2012).
  • Book Review Essay, "Legal and Ethical Approaches to Older Lives: Reconciling Rules and Relationships," review of "Ethics, Aging and Society," by Martha B. Holstein, Jennifer A. Parks, & Mark A. Waymack and "Public Guardianship: In the Best Interests of Incapacitated People?," Vol. 52, No. 2, pp. 287-289, Gerontologist (2012).
  • Book Review of "The Law of Life and Death," by Elizabeth Price Foley, Vol. 13, No. 1, pp. 43-44, Care Management Journals (2012).
  • Book Review Essay, "Medical Problems, Legal Responses," review of "Poverty, Health and Law: Readings and Cases for Medical-Legal Partnership," by Elizabeth Tobin Tyler, Ellen Lawton, Kathleen Conroy, Megan Sandel, & Barry Zuckerman, Vol. 40, No. 1, pp. 154-159, Journal of Law, Medicine and Ethics (Spring 2012).
  • The article "Is the POLST Model Desirable in Florida?" [pdf] written by College of Medicine student, Brittany Lamb, and College of Law student, Sarah Catherine Spillers was published on November 9, 2011 in the Florida Public Health Review.

Presentations by Professor Kapp

  • November 11, 2016: Marshall Kapp presented "Distinctive Factors Affecting the Legal Context of End-of-Life Medical Care for Older Persons” at Symposium on Quinlan at 40: Exploring the Right to Die in the U.S., sponsored by the Georgia State University Law Review and Center for Law, Health & Society, Atlanta, GA, November 11, 2016.
  • September 29, 2016: Marshall Kapp presented “Risk Management and Culture Change: When Resident Voice and Choice Conflicts With Standards of Practice,” at the Inaugural Conference of the American Association of Directors of Nursing Services in Baltimore, MD.
  • November 12, 2015: Marshall Kapp co-presented “My Life, My Decisions…I think: Autonomy, Capacity & Impaired Mental Status” at the Annual Convention of the American Speech-Language-Hearing Association (ASHA), Denver, CO.
  • July 15, 2015: Marshall Kapp presented “The Physician’s Responsibility Concerning Guns and Older Patients,” at 34th International Congress on Law and Mental Health” sponsored by the International Academy of Law and Mental Health at Sigmund Freud University, Vienna, Austria.
  • June 5, 2015: Marshall Kapp presented “Resident Choices in Long Term Care Communities: Risk Management Challenges and Opportunities,” at 38th Annual Health Law Professors Conference sponsored by American Society of Law, Medicine and Ethics, St. Louis, MO.
  • November 21, 2014: Marshall Kapp was a Short Course Panelist at "The Culture Change Movement: The Role of the Speech and Language Professional in Supporting Self-Directed Living," at Annual Convention of the American Speech-Language-Hearing Association, Orlando, FL.
  • October 18, 2014: Marshall Kapp presented “Home and Community-Based Long Term Services and Supports: Health Reform’s Most Enduring Legacy?” at conference on The ACA and Beyond sponsored by the University of Missouri Center for Health Ethics and Center for Health Policy, Columbia, MO.
  • October 10, 2014: Marshall Kapp presented “Making Medical Practice More Rational: Does the Law Help or Hurt?" at University of Toledo Law Review Symposium, Toledo, OH.
  • June 7, 2014: Professor Kapp presented, “Making Medical Practice More Rational: Does the Law Help or Hurt?” at the 37th Annual Health Law Professors Conference of the American Society of Law, Medicine & Ethics, San Francisco, CA.
  • May 21, 2014: Professor Kapp presented "Rationalizing Medical Practice: Is The Law a Help or a Hindrance?" at Grand Rounds at the Indiana University School of Medicine Department of Dermatology  in Indianapolis, IN.
  • March 28, 2014: Professor Kapp presented “Home and Community-Based Long Term Care Services and Supports: What Does Health Reform Have to Do With It?” at Health Reform, Transition and Transformation in Long Term Care, at the 26th Annual Health Law Symposium sponsored by Saint Louis University School of Law Center for Health Law Studies, in St. Louis, MO,
  • January 18, 2014: Professor Kapp presented “The Affordable Care Act and Its Impact on Clinical Practice: Still Guessing After More than Three Years,” at Best Clinical Practice Symposium sponsored by Sacred Heart Health System and Sacred Heart Senior Services, in Pensacola, FL.
  • November 20, 2013: Professor Kapp presented “Long-Term Care: Resident-Centered vs. Resident-Directed,” at the Annual FOCUS Conference sponsored by Wisconsin Department of Health Services, Wisconsin Dells, WI.
  • October 18, 2013: Marshall B. Kapp, “Understanding and Managing the Legal Aspects of End of Life Medical Care in Florida,” at continuing education conference on Challenges for the Hospital Ethics Committee, sponsored by JFK Medical Center, Atlantis, FL.
  • February 28, 2013: Professor Kapp contributed as a panelist at the Bloomberg Government Briefing entitled, "Implementing the Affordable Care Act: Enrollment, Education and Taxes."
  • February 26, 2013: the Health Law Society, AIRR, and PILSA co-hosted a speaking event about the intersections between the Affordable Health Care Act (AHCA) and immigration. FSU's Dr. Rodriguez and FSU Law's Professors Annino and Kapp discussed how undocumented immigrants fall through the cracks, even under AHCA. The discussion also explored how some hospitals in Florida and Arizona have started repatriating undocumented immigrants who require expensive, long term health care back to their countries of origin, sometimes against their will. 
  • January 22, 2013: Professor Kapp and Dr. Van Durme spoke on the Affordable Care Act sponsored by the COM Florida Rural Health Association, Geriatrics Interest Group, American Medical Students Association, and HALO.
  • January 10, 2013: Professor Kapp and Dr. Les Beitsch held a brown bag lunch discussion on "Firearms Regulations as a Public Health Issue: Lessons from the Newtown Tragedy." Several faculty and students attended, and the event was covered by WCTV.
  • November 13, 2012: Professor Kapp spoke on the “Baker Act: Involuntary Civil Commitment in Florida” at a meeting jointly sponsored by the Health and Law Organization (HALO) and the Psychiatry Student Interest Group (PSIG).
  • November 8-9, 2012: the Health Law Institute at Hamline University and the Hamline Law Review presented a Symposium, "Legal, Medical, and Ethical Issues in Minnesota End-of-Life Care." Professor Kapp presented on POLST. This symposium examined problems arising at the intersection of law and end-of-life medicine. Regional and national experts explored issues and topics such as: legal and medical issues concerning the use of POLST orders, especially in Minnesota; institutional and community responses to medical futility disputes; and decision-making for “unbefriended” patients without surrogates.
  • October 3, 2012 - November 7, 2012: Professor Kapp taught a series of classes on "Current Legal and Ethical Controversies in American Health Care," sponsored by the FSU Osher Lifelong Learning Institute (OLLI) and held at Westminster Oaks.
  • October 23, 2012: Professor Kapp spoke at the "Health Sciences and Human Performance Enhancement (Health Care) Roundtable," from 7:30-9AM at Tallahassee Memorial HealthCare.
  • September 29, 2012: Professor Kapp spoke about "The AHCA and how it will effect the Medical Practice in the Coming Years" at the Leadership Development Seminar hosted by the Seminole County Medical Society and the Orange County Medical Society in Orlando, FL.
  • August 8, 2012: Ken Brummel-Smith, MD, Tracy Christner, Stuart Bagatell, MD, and Professor Kapp presented a workshop, “Implementing the POLST (Physician Orders for Life-Sustaining Treatment) Paradigm in Florida Long-Term Care” at the Pioneer Network’s August, 2012 Conference, “Building a Bridge to a New Culture of Aging,” held in Jacksonville, FL. 
  • January 28, 2012: Professor Kapp presented “If We Can Force People to Purchase Health Insurance, Then Let’s Force Them to Be Treated Too” at the American Journal of Legal Medicine/Boston University School of Law Symposium on The American Right to Health: Constitutional, Statutory, and Contractual Healthcare Rights in the United States in Boston, MA. 
  • January 7, 2012: Professor Kapp presented “Innovative Collaboration in Medicine and Law: The Ivory Tower as a Strategic Advantage” as part of a panel on Reaching Out Beyond the Classroom: Health Law Professors Interacting With the Real World at the 2012 Annual Meeting of the Association of American Law Schools in Washington, DC. 
  • Professor Marshall Kapp presented Humanizing the Legal Risk Management Education of Medical Students on June 10 at the 2011 ASLME (American Society of Law, Medicine & Ethics) Health Law Professors Conference in Chicago, IL.