Nathan Cortez

Southern Methodist University - Dedman School of Law

Associate Dean for Research and the Adelfa Botello Callejo Endowed Professor of Law in Leadership and Latino Studies

P.O. Box 750116

Dallas, TX 75275

United States

  • Southern Methodist University - Dedman School of Law

    • Email
    • Tel: (214) 768-1002
SCHOLARLY PAPERS

25

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12

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28

Scholarly Papers (25)

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1.

Regulating Disruptive Innovation

Berkeley Technology Law Journal, Vol. 29, 2014, SMU Dedman School of Law Legal Studies Research Paper No. 137
Number of pages: 54 Posted: 13 May 2014 Last Revised: 14 Jun 2014
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 1,280 (31,560)
Citation 18

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technology, innovation, regulation, administrative law, regulatory theory, FCC, FDA, mHealth, mobile health, internet, federal agencies

2.

Patients without Borders: The Emerging Global Market for Patients and the Evolution of Modern Health Care

Indiana Law Journal, Vol. 83, 2008, SMU Dedman School of Law Legal Studies Research Paper No. 00-24
Number of pages: 63 Posted: 27 Apr 2007 Last Revised: 24 Jun 2009
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 1,191 (34,935)
Citation 2

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medical tourism, globalization, outsourcing, health, insurance, medical malpractice, travel

3.

The Mobile Health Revolution?

UC Davis Law Review, Vol. 47, 2014, SMU Dedman School of Law Legal Studies Research Paper No. 128
Number of pages: 58 Posted: 24 Jun 2013 Last Revised: 01 Jul 2018
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 762 (65,095)
Citation 9

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mobile health, mHealth, medical apps, mobile apps, FDA, FCC, FTC, device regulation, medical devices, medical software, device software

4.

Recalibrating the Legal Risks of Cross-Border Health Care

Yale Journal of Health Policy, Law, and Ethics, Vol. 10, No. 1, 2010, SMU Dedman School of Law Legal Studies Research Paper No. 74
Number of pages: 89 Posted: 24 Jun 2009 Last Revised: 28 Feb 2011
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 496 (111,829)

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health, international health, medical tourism, international, cross-border, torts, medical malpractice, India, Thailand, Singapore, Mexico

5.

International Health Care Convergence: The Benefits and Burdens of Market-Driven Standardization

Wisconsin International Law Journal, Vol. 26, No. 3, 2008, SMU Dedman School of Law Legal Studies Research Paper No. 00-38
Number of pages: 60 Posted: 03 Dec 2008 Last Revised: 14 Sep 2009
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 346 (168,934)

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health, policy, law, international, trade, medicine, convergence, medical tourism, pharmaceuticals, physician migration

6.

The Food and Drug Administration's Evolving Regulation of Press Releases: Limits and Challenges

Food and Drug Law Journal, Vol. 61, p. 623, 2006
Number of pages: 31 Posted: 25 Apr 2007
William W. Vodra, Nathan Cortez and David E. Korn
Arnold & Porter, Southern Methodist University - Dedman School of Law and Pharmaceutical Research and Manufacturers of America (PhRMA)
Downloads 332 (176,637)

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FDA, press release, media statement, First Amendment, commercial speech, pharmaceutical, device, regulation, health, administrative, agency

7.

A Medical Malpractice Model for Developing Countries?

Drexel Law Review, Vol. 4, p. 217, 2011, SMU Dedman School of Law Legal Studies Research Paper No. 91
Number of pages: 25 Posted: 25 Feb 2012
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 285 (207,437)

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medical malpractice, global health, comparative health law, Mexico, India, Conamed, consumer forums, consumer law

8.

The Statutory Case against Off-Label Promotion

University of Chicago Law Review Online, 2016, SMU Dedman School of Law Legal Studies Research Paper No. 371
Number of pages: 19 Posted: 13 Sep 2017 Last Revised: 15 Nov 2017
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 283 (208,918)

Abstract:

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FDA, Drugs, Devices, Off-Label, Approval, Promotion, Marketing, Statutory Construction, Regulation

9.

Regulation by Database

University of Colorado Law Review, Vol. 89, 2017, SMU Dedman School of Law Legal Studies Research Paper No. 355
Number of pages: 72 Posted: 15 Apr 2017 Last Revised: 11 May 2017
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 276 (214,429)

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data, databases, administrative law, regulation, information, fda, cfpb, fed, medicare, quality, internet, social media

10.

Embracing the New Geography of Health Care: A Novel Way to Cover Those Left Out of Health Reform

Southern California Law Review, Vol. 84, p. 859, 2011, SMU Dedman School of Law Legal Studies Research Paper No. 75
Number of pages: 74 Posted: 12 Oct 2010 Last Revised: 18 Oct 2011
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 261 (226,644)
Citation 1

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health reform, international health, health insurance, medical tourism, medical repatriation, immigration, immigrant health

11.

The Local Dilemma: Preemption and the Role of Federal Standards in State and Local Immigration Laws

SMU Law Review, Vol. 47, p. 61, 2008, SMU Dedman School of Law Legal Studies Research Paper No. 00-30
Number of pages: 21 Posted: 14 Jul 2008 Last Revised: 26 Apr 2018
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 219 (268,662)

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immigration, federalism, states, local ordinance, Supremacy Clause, preemption

12.

Do Graphic Tobacco Warnings Violate the First Amendment?

Hastings Law Journal, Vol. 64, No. 5, 2013, SMU Dedman School of Law Legal Studies Research Paper No. 130
Number of pages: 34 Posted: 07 Aug 2013 Last Revised: 07 Jun 2014
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 212 (276,941)

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tobacco, cigarettes, FDA, public health, first amendment, free speech, commercial speech, graphics

13.

Adverse Publicity by Administrative Agencies in the Internet Era

2011 BYU Law Review 1371, SMU Dedman School of Law Legal Studies Research Paper No. 124
Number of pages: 84 Posted: 23 Feb 2013 Last Revised: 18 Sep 2013
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 179 (322,967)

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administrative law, new media, social media, agency enforcement, publicity, threats

14.

Can Speech by FDA-Regulated Firms Ever be Noncommercial?

American Journal of Law and Medicine, Vol. 37, No. 2, p. 388, 2011, SMU Dedman School of Law Legal Studies Research Paper No. 88
Number of pages: 34 Posted: 06 Aug 2011 Last Revised: 20 Mar 2012
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 162 (352,362)

Abstract:

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free speech, first amendment, FDA, pharmaceutical, drug, device, regulation, commercial speech, IMS, sorrell

15.

Digital Health and Regulatory Experimentation at the FDA

21 Yale Journal of Law & Technology, Special Issue 4 (2019), SMU Dedman School of Law Legal Studies Research Paper No. 458
Number of pages: 23 Posted: 02 Feb 2020
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 157 (361,647)

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U.S. Food and Drug Administration, FDA, medical devices – regulation, digital health technologies, digital health initiatives

16.

Agency Publicity in the Internet Era

SMU Dedman School of Law Legal Studies Research Paper No. 337
Number of pages: 112 Posted: 21 Sep 2016 Last Revised: 04 Nov 2016
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 141 (394,661)
Citation 4

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administrative law, publicity, social media, FDA, FTC, CFPB, press releases, information law

17.

Chapter 9: Into the Void: The Legal Ambiguities of an Unregulated Medical Tourism Market

Risks and Challenges in Medical Tourism, Hodges, Turner, Kimball, eds., Praeger Publishing, 2012, SMU Dedman School of Law Legal Studies Research Paper No. 125
Number of pages: 20 Posted: 02 Mar 2013 Last Revised: 22 Jan 2016
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 133 (413,162)

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health care, international health, medical tourism, cross-border, international trade, health services

18.

Information Mischief Under the Trump Administration

Chicago-Kent Law Review, Vol. 94, No. 2, 2019, SMU Dedman School of Law Legal Studies Research Paper No. 418
Number of pages: 35 Posted: 31 May 2019 Last Revised: 03 Jun 2019
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 127 (427,909)

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Information Policy, Data Policy, Government Data, Administrative Law, Regulatory Law, Trump Administration

19.

Substantiating Big Data in Health Care

I/S: A Journal of Law and Policy for the Information Society, vol. 14, 2017, SMU Dedman School of Law Legal Studies Research Paper No. 403
Number of pages: 26 Posted: 11 Oct 2018 Last Revised: 31 Oct 2018
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 125 (433,220)

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big data, predictive analytics, health care, FDA, machine learning, AI, medicine, software, mobile health

20.

The Disembodied First Amendment

100 Washington University Law Review 707 (2023) , SMU Dedman School of Law Legal Studies Research Paper No. 593, Texas A&M University School of Law Legal Studies Research Paper No. 23-62
Number of pages: 59 Posted: 03 Apr 2023 Last Revised: 27 Nov 2023
Nathan Cortez and William M. Sage
Southern Methodist University - Dedman School of Law and Texas A&M University School of Law
Downloads 114 (464,385)

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First Amendment, Free speech, Corporations, First Amendment doctrine, Protected speech, Corporate commercial speech, Artificial Intelligence, Corporate personhood, AI, Natural persons, Civil rights, Constitutional law

21.

A Black Box for Patient Safety?

DePaul Law Review, Vol. 68, No. 2, 2019, SMU Dedman School of Law Legal Studies Research Paper No. 419
Number of pages: 25 Posted: 31 May 2019 Last Revised: 03 Jun 2019
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 99 (513,584)

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Medical Malpractice, Patient Safety, Quality, AI, Artificial Intelligence, Machine Learning, Torts, Malpractice, Health Care

22.

Hortatory Mandates

George Washington Law Review, Vol. 91, No. 617, 2023, UCLA School of Law, Public Law Research Paper No. 23-18, SMU Dedman School of Law Legal Studies Research Paper No. 617
Number of pages: 81 Posted: 22 Aug 2023 Last Revised: 07 Sep 2023
Nathan Cortez and Lindsay F. Wiley
Southern Methodist University - Dedman School of Law and University of California, Los Angeles (UCLA) - School of Law
Downloads 84 (569,616)

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hortatory mandates, administrative law, judicial review, soft law, health law, environmental law, COVID-19 pandemic, Affordable Care Act, Clean Air Act

23.

Presidential Administration and FDA Guidance: A New Hope

2021 University of Illinois Law Review Online 179, SMU Dedman School of Law Legal Studies Research Paper No. 517, University of Illinois College of Law Legal Studies Research Paper No. 21-26
Number of pages: 5 Posted: 30 Aug 2021 Last Revised: 03 Dec 2021
Nathan Cortez and Jacob S. Sherkow
Southern Methodist University - Dedman School of Law and University of Illinois College of Law
Downloads 79 (590,422)

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FDA, guidance, pandemic, administrative law, public health

24.

Chapter 15: The Elusive Ideal of Market Competition in United States' Health Care

HEALTH CARE AND EU LAW (J.W. van de Gronden et al. eds. 2011)
Number of pages: 28 Posted: 02 Mar 2013
Nathan Cortez
Southern Methodist University - Dedman School of Law
Downloads 60 (681,966)

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health reform, eu law, health policy, affordable care act, market competition, health economics

25.

FDA Regulation of Mobile Health Technologies

370 New England Journal of Medicine 372 (2014) , Harvard Public Law Working Paper No. 14-40
Posted: 22 Oct 2014 Last Revised: 04 Dec 2014
Nathan Cortez, I. Glenn Cohen and Aaron S. Kesselheim
Southern Methodist University - Dedman School of Law, Harvard Law School and Brigham and Women's Hospital/Harvard Medical School

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mobile health, FDA, liability, congress, premarket, postmarket