Karen A. Jordan

Professor of Law

Karen A. Jordan's picture
   

Professor Jordan teaches primarily in the areas of civil procedure, evidence, and administrative law. Her scholarly endeavors focus predominantly on regulatory law and policy issues, especially as they relate to the allocation of power between the federal and state systems. Professor Jordan's articles, which have been cited in federal court opinions and course textbooks, have appeared in the Vanderbilt Law Review, Yale Journal on Regulation, Rutgers Law Journal, and Wake Forest Law Review, among others.

In recent years, Professor Jordan has served as the faculty supervisor for many of the law school’s externship opportunities.  This involves providing oversight for law student externs who work under the direct supervision of an attorney in a number of practice settings, including, Jefferson County courts; the Office of the Commonwealth’s Attorney, 30th Judicial District; the Office of the Jefferson County Attorney; the Louisville-Jefferson County Public Defender’s Office; the Kentucky Department of Public Advocacy; and the Louisville Legal Aid Society.    

Before joining the faculty of the Brandeis School of Law, Professor Jordan was the Assistant Director of the Center for Law and Health at Indiana University School of Law in Indianapolis. She also received her Juris Doctorate degree, summa cum laude, from Indiana University, where she served as an executive editor of the law review and participated in a federal court internship program. Professor Jordan is a member of the American Bar Association Administrative Law Section, and the Section of Litigation.

 

 

Courses Taught

Civil Procedure I
Civil Procedure II
Administrative Law
Evidence
Religion & the Constitution

Health Care Regulation
Managed Care
Antitrust

Publications

 

In progress: A study of classical moral philosophy and natural law concepts and their bearing on the reach and content of state regulation, with particular application to (1) the founders' intent relating to the Establishment Clause, and (2) the continuing viability of the concept of human free will.

 

The Contraceptive Mandate: Compelling Interest or Ideology?, forthcoming Notre Dame’s Journal of Legislation (2014). 

 

Free Exercise Jurisprudence and Theology in the Public Square, forthcoming Trinity Law Review (2014). 

 

 

 

Recovering Subsidiarity in Family Life Education, forthcoming, William & Mary Journal of Women and the Law (2012).

 

Questions & Answers: Administrative Law, Second Edition, NexisNexis (2010) (co-authored with Russell Weaver).

 

Church and State: The Origins & Implications of Separate Jurisdictional Spheres, 11 Rutgers Journal of Law and Religion, 61-138 (2009) (an analysis of the original understanding of the concept of separation of church and state, with emphasis on the first decades after official recognition of the church as an institution). 

 

Opening the Door to Hard Look Review of Agency Preemption, 31 Western New England Law Review 353-410 (2009).

 

Agency Preemption and the Shimer Analysis: Unmasking Strategic Characterization By Agencies and Giving Effect to the Presumption Against Preemption, 2008 Wisconsin Law Review, No. 1, p. 69-139 (2008).

 

Questions & Answers: Administrative Law, NexisNexis (2005) (co-authored with Russell Weaver).

 

Recent Modifications to Preemption Doctrine & Their Impact on State HMO Liability Laws, 1 Indiana Health Law Review 51-108 (2004) (inaugural issue, lead article).

 

The Final Chapter (Maybe) in the Story of Preemption of HMO Accountability Under State Law, Health Care Law Monthly, February 2004 (LexisNexis).

 

The Evolution of Informational Needs of Consumers Regarding Their Health Coverage, for the Southeastern Association of Law Schools Annual Meeting (July 2003).

 

Financial Conflicts of Interest in Human Subjects Research: Proposals for a More Effective Regulatory Scheme, 60 Wash. & Lee L. Rev. 15-109 (2003).

 

ERISA UpDate, Proceedings of the Annual Health Law Teachers Conference, American Society of Law, Medicine & Ethics, Indiana University School of Law (June 2002) (paper detailing current ERISA / ERISA preemption issues).

 

Ethics and the Entrepreneurial Factor in Research, Proceedings, Conference on Ethics at the Frontiers of Medicine, University of Louisville School of Medicine & the Brandeis School of Law (April 2001) (paper detailing financial conflicts of interest in research involving human subjects, and the regulations governing).

 

Coverage Denials in ERISA Plans: Assessing the Federal Legislative Solution, 65 Missouri L. Rev. 405 - 472 (2000).

 

Preemption of a State "Legislatively Created" Right to Sue HMOs For Negligence, Health Care Law Monthly (Matthew Bender) (April 1999).

 

Coverage of Emergency Services: Case Commentary, in Gervais, K.G. et al, Ethical Challenges in Managed Care: A Casebook (Georgetown University Press, Washington, D.C.) (1999).

 

The Shifting Preemption Paradigm: Conceptual and Interpretive Issues, 51 Vanderbilt L. Rev. 1149 (1998) (lead article vol. 51, no. 5).

 

ERISA Pre-emption: Integrating Fabe into the Savings Clause Analysis, 9 National Insurance L. Rev. 139 (1998) (reprint of article first appearing in 27 Rutgers L.J. 273 (1996)).

 

Geissal v. Moore Medical Corp., Health Law News, A Publication of the University of Houston Health Law and Policy Institute (September 1998) (commentary on recent Supreme Court case relating to health law).

 

Empirical Studies of Judicial Decisions Serve an Important Role in the Cumulative Process of Policy Making, 31 Ind. L. Rev. 80 (1998) (Symposium Issue: How Empirical Research Shapes Health Law and Policy).

 

Tort Liability for Managed Care: The Weakening of ERISA's Protective Shield, 25 American Journal of Law, Medicine and Ethics 160 (1997).

 

Clarifying ERISA's Preemption, Discrimination Provisions, Health Law News, A Publication of the University of Houston Health Law and Policy Institute (September 1997) (commentary on recent Supreme Court cases relating to health law).

 

Serious Illness and Private Health Coverage: A Unique Problem Calling For Unique Solutions, 25 American Journal of Law, Medicine and Ethics 180 (1997) (with E. Kinney et al.).

 

Does ERISA Preempt a State Provider Tax to the Extent it is Imposed on Health Care Facilities Owned by Self-Insured ERISA Plans? West Legal News (In the Supreme Court series), 3-10-97 WLN 40000 (1997).

 

The Complete Preemption Dilemma: A Legal Process Perspective, 31 Wake Forest L. Rev. 927 (1996) (lead article vol. 31, no. 4).

 

ERISA Pre-emption: Integrating Fabe into the Savings Clause Analysis, 27 Rutgers L.J. 273 (1996) (lead article vol. 27, no. 2).

 

Travelers Insurance: New Support for the Argument to Restrain ERISA Pre-emption, 13 Yale J. on Reg. 255 (1996).

 

Managed Competition & Limited Choice of Providers: Countering Negative Perceptions Through A Duty to Select Quality Network Physicians, 27 Ariz. St. L.J. 876 (1995).

 

Perpetual Conservation: Achieving the Goal Through Preemptive Federal Easement Programs, 43 Case Western Reserve L. Rev. 401 (1993).

 

Recent Developments in Indiana Tort Law, 26 Indiana L. Rev. 1159 (1993) (with Neal Lewis, Esquire).

 

The Social Contract for Health Care in Indiana, Report of the Solutions Subcommittee to the Indiana Commission on State Health Policy (July 1992) (with Eleanor D. Kinney, J.D., M.P.H., Professor of Law and Director, The Center for Law and Health).

 

Expanding the Privacy Torts: Protecting Human Dignity and Autonomy in an Information Era (Spring 1990), George O. Dix Writing Competition Award.

 

Delimiting the Manufacturer's Liability: An Examination of Loss of Consortium Recovery in Strict Products Liability Actions Under Section 402A of the Restatement (Second) of Torts, 22 Indiana L. Rev. 821 (1989), reprinted by Cleveland-Marshall College of Law, Law Alumni Ass'n, CLE program on Products Liability (May 12, 1990).

 

 

Presentations

Sister Conferences at the University of St. Thomas, Minnesota (St. Thomas School of Law, Minneapolis Campus & St. Paul Seminary School of Divinity)  October 2008.   Women & the Recovery of Culture.  Presentation:  The Feminine Nature and Classical Moral Philosophy.

 

AALS 2008 Midyear Meeting.  June 2008.  AALS Evidence Section, Conference on the Future of Evidence: How Science and Technology Are Changing Evidence Law.  Presentation on  enhancing the teaching and retention value of Power Point using slide design techniques.

Annual Meeting of the Southeast Association of Law Schools. July 2005. Presentation on FDA preemption of state tort actions alleging negligent failure to warn.

Annual Health Law Teachers Conference. June 2004. American Society of Law, Medicine and Ethics and Seton Hall University School of Law. Presentation on ERISA preemption issues before the Supreme Court in 2004.

SEALS (Southeast Association of Law Schools) Annual Meeting. July 2003. Presentation on the evolution of information disclosure: from the HMO acts to recent managed care reform legislation.

Annual Health Law Teachers Conference. June 2003. American Society of Law, Medicine and Ethics and Widener University School of Law. Presentation on recent developments in the area of ERISA preemption.

Annual Health Law Teachers Conference. June 2002. American Society of Law, Medicine and Ethics and Indiana University School of Law-Indianapolis. Presentation on recent developments in the area of ERISA preemption.

Ethics at the Frontiers of Medicine. University of Louisville School of Medicine & the Brandeis School of Law. April 2001. Presentation on financial conflicts of interest in research involving human subjects.

Annual Meeting, Association of American Law Schools. January 1999. New Orleans, Louisiana. Presentation to the Section on Employee Benefits: ERISA Preemption of State Law: Recent Developments and Current Trends.

Annual Health Law Teachers Conference. June 1998. American Society of Law, Medicine and Ethics and University of Houston Health Law and Policy Institute. Presentation on teaching ERISA preemption.

KET Interview. August 1998. Provided interview to Kentucky Educational Television for purposes of a news report preceding a panel discussion on managed care reform.

Annual Health Law Teachers Conference. June 1997. American Society of Law, Medicine and Ethics and Seton Hall University School of Law. Presentation on teaching ERISA preemption.

Health Law Symposium for the Indiana Law Review: How Empirical Research Shapes Health Law and Policy. April 1997. Indiana University School of Law--Indianapolis. Presented commentary on an article by Professor William Sage. See Empirical Studies of Judicial Decisions Serve an Important Role in the Cumulative Process of Policy Making.

University of Louisville Multicultural Center. January 1997. Presentation on women's issues in the law. (Described gender equity in the federal courts as documented in the Report of the Special Committee on Gender to the Gender Task Force Project in the D.C. Circuit, 84 Geo. L.J. 1657 (1996)).

Annual Health Law Teachers Conference. June 1996. American Society of Law, Medicine and Ethics and Widener University School of Law. Presentation on current ERISA preemption issues.

Annual Health Law Teachers Conference. June 1994. American Society of Law, Medicine and Ethics and Indiana University School of Law-Indianapolis. Presentation on getting started in empirical research.

Risk & Insurance Management Society, Inc., Kentuckiana Chapter. March 15, 1994. Presentation on current issues in health reform.

Southern Middle School, Louisville, Kentucky. Summer 1994. Presentation on environmental regulation as part of a program funded by the National Science Foundation (with Professor Serena Williams, Brandeis School of Law at the University of Louisville).

University and Community Service

Member, University Oversight Committee for the Management of Individual Financial Interests in Research.

Member, University Oversight Committee for the Management of Institutional Financial Interests in Research.