Linda C. Fentiman

  • Professor of Law Emerita
Assistant: Jennifer Chin
Preston Hall 201-207
(914) 422-4263

Education

BS, Cornell University
JD, State University of New York at Buffalo, School of Law
LLM, Harvard Law School

For media inquiries, contact:

Rachael Silva
Assistant Dean for External Affairs
(914) 422-4354

Emerita Professor Linda Fentiman specializes in health law and criminal law. In addition to Haub Law, she has taught at Columbia and Suffolk University Law Schools, the University of Houston Law Center, and the University of Warsaw in Poland, where she was a Fulbright Scholar.  

Professor Fentiman has written extensively about bioethics, health care access, and mental disability, addressing the insanity defense, competency to stand trial, fetal protection, physician advocacy, organ transplantation, death and dying, telemedicine and Internet pharmacies. Her most recent work has focused on women and addiction. In 2010 she was a Visiting Scholar at the Center for Reproductive Rights in New York. In her non-academic life, Prof. Fentiman has practiced health law, criminal law, and environmental law. She is a Fellow of the New York Academy of Medicine and the American Bar Foundation and chaired the Committee on Health Law at the New York City Bar Association. She has served as a member of the National Academy of Science Committee on Toxicogenomics, and has been awarded the Simonsmeier Prize for the Best Published Paper on Pharmacy Law.   

Professor Fentiman received a BS from Cornell University, a JD from the State University of New York at Buffalo, and a LLM from Harvard Law School. She is admitted to the bar in California, New York, the District of Columbia, and Massachusetts.

Fellowships & Scholarships:
Fellow of the NY Academy of Medicine and the American Bar Foundation
Fulbright Scholar (Poland)

Honors & Awards:
Simonseier Prize for Best Published Paper on Pharmacy Law

Publications

SSRN

Books

Blaming Mothers: American Law and the Risks to Children’s Health NYU Press (2017)  

Articles

"Sex, Science, and the Age of Anxiety," 92 Nebraska Law Review 455 (2014).

"Are Mothers Hazardous to Their Children’s Health: Law, Culture, and the Framing of Risk," 21 Virginia Journal of Social Policy and the Law 295 (2014).

"A New Form of WMD: Driving with Mobile Devices and Other Weapons of Mass Destruction," 81 University of Missouri at Kansas City Law Review 133 (2012).

"Rethinking Addiction: Drugs, Deterrence, and the Neuroscience Revolution," 14 University of Pennsylvania Journal of Law and Social Change 233 (2011).

"Marketing Mothers’ Milk: The Commodification of Breastfeeding and the New Markets for Human Milk and Infant Formula," 10 Nevada Law Journal 29 (2010).

"In the Name of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (and Other Countries Don’t)," 18 Columbia Journal Gender & Law 647 (2009).

"Pursuing the Perfect Mother: Why America's Criminalization of Maternal Substance Abuse Is Not the Answer--A Comparative Legal Analysis," 15 Michigan Journal of Gender and Law 389 (2009).

"Legal Issues in Healthcare Fraud and Abuse: Navigating the Uncertainties," New York Law Journal, Feb. 7, 2007, at 2.

"The New ‘Fetal Protection': The Wrong Answer to the Crisis of Inadequate Health Care for Women and Children," 84 DenverUniversity Law Review 537 (2006).

"A Distance Education Primer: Lessons from My Life As a Dot.Edu Entrepreneur," 6 North Carolina Journal of Law and Technology 41(2004)

"Internet Pharmacies: Why State Regulatory Solutions are Not Enough," 30 Administrative & Regulatory Law News 5 (2004)

"Internet Pharmacies and the Need for a New Federalism: Protecting Consumers While Increasing Access to Prescription Drugs," 56 Rutgers Law Review 119 (2003)

"Patient Advocacy and Termination from Managed Care Organizations: Do State Laws Protecting Health Care Professional Advocacy Make any Difference?" 82 Nebraska Law Review 508 (2003).

"Playing the Psychiatric Odds: Can We Protect the Public by Predicting Dangerousness?" 20 Pace Law Review 221 (2000).

"Health Care Access for Children with Disabilities," 19 Pace Law Review 245 (1999).

"Crisis in U.S. Organ Transplantation System Intensifies," 15 (#2) Issues in Science and Technology 30 (Winter 1998-99) (co-authored by Marleen Kelley).

"The Legal Questions from Tele-Medicine," New York Law Journal, August 3, 1998.

"AIDS as a Chronic Illness: A Cautionary Tale for the End of the Twentieth Century," 61 Albany Law Review 989 (1998).

"Law and Ethics at the End of Life: High Court Speaks; Where Do We Stand after Decisions on Physician-Assisted Suicide?" New York Law Journal, August 25, 1997.

"Where Altruism and the Law of Supply and Demand Meet: Compensated Presumed Consent to Organ Donation," Issues in Science and Technology 43 (Fall 1994).

"Organ Donation As National Service: A Proposed Federal Organ Donation Law." (International Symposium on Law and Science at the Crossroads: Biomedical Technology, Ethics, Public Policy, and the Law). 27 Suffolk University Law Review 1593 (1994).

"The Neonatal Intensive Care Unit - What Is the Role of Law When Parents and Physicians Make Treatment Decisions for Seriously Ill Newborns," 23 (No. 1) The Advocate 7 (1992).

"Privacy and Personhood Revisited: A New Framework for Substitute Decision-making for the Incompetent, Incurably Ill Adult," 57 George Washington Law Review 801 (1989).

"Whose Right is it Anyway?: Rethinking Competency to Stand Trial in Light of the Synthetically Sane Insanity Defendant," 40 University of Miami Law Review 1109 (1986).

"'Guilty but Mentally Ill': The Real Verdict Is Guilty," 26 Boston College Law Review 601 (1985).

"When Smoke Gets in Your Eyes: Proposed U.S. Ratification of the 1925 Geneva Protocol on Chemical-Biological Warfare," 24 Buffalo Law Review 159 (1974).

Book Review

Review of Reign of Error: Psychiatry, Authority, and Law by Lee Coleman, M.D. 19 Suffolk University Law Review 775 (1985).