Directory

Judith F Daar

Professor of Law Emeritus

A.B., University of Michigan
J.D., Georgetown University Law Center

Contact Information

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Since joining the faculty in 1990, Professor Daar has focused her teaching and scholarship at the intersection of law, medicine and ethics. Holding a joint appointment at the law school and the UCI School of Medicine, she enjoys teaching future doctors and lawyers about what each can learn from these companion professional disciplines. Her interdisciplinary work in law and medicine focuses in the area of reproductive medicine, where she holds leadership positions including Chair of the American Society for Reproductive Medicine Ethics Committee. In 2005, Professor Daar became Chair of the Association of American Law School’s Section on Law, Medicine and Health Care, and in 2006 she was named to the Board of Directors of the American Society of Law, Medicine & Ethics. She was elected President of ASLME in 2009 and re-elected for a second term in 2010. In 2007, she was appointed to the Society for Assisted Reproductive Technologies, Committee on Informed Consent in ART, an interdisciplinary group of physicians and attorneys charged with drafting a model informed consent document for patients undergoing in vitro fertilization. From 2008 to 2012, Professor Daar served as Associate Dean for Academic Affairs. In 2012, she was elected to the American Law Institute. Professor Daar served as Interim Dean of the law school from 2016-2017.

Professor Daar is a member of the UCI Medical Center Medical Ethics Committee, where she serves on the Bioethics Consultation Team. She has also served as a member of the Harbor-UCLA Hospital Institutional Review Board, and the ABA Coordinating Group on Bioethics. Professor Daar has lectured extensively in the field of reproductive medicine, including giving testimony to the California legislature and the National Academies of Science, Committee on Science, Technology, and Law on the issue of oversight and regulation of reproductive medicine. Her scholarship focuses in the area of assisted reproductive technologies where she has authored over one hundred articles, book chapters, editorials and white papers on topics including stem cell research, human cloning, frozen embryo disputes, the use of genetic technologies and the regulation of reproductive medicine. Her first book, Reproductive Technologies and the Law, was published in January 2006, with a second edition appearing in 2013. Her most recent book, The New Eugenics: Selective Breeding in an Era of Reproductive Technologies, will be published by Yale University Press.

Books and Book Chapters

  • The New Eugenics: Selective Breeding In An Era Of Reproductive Technologies (Yale University Press, in press)
  • Assisted Reproductive Technologies and Abortion (forthcoming in The Oxford Handbook Of American Health Law, 2015)
  • The Role of Providers in Assisted Reproduction: Potential Conflicts, Professional Conscience and Personal Choice (forthcoming in The Oxford Handbook Of Reproductive Ethics, 2015)
  • Reproductive Technologies and the Law (Second Edition, 2013)
  • Teacher’s Manual For Reproductive Technologies and the Law (Second Edition, 2013)
  • Encyclopedia of the Supreme Court of the United States, contributing author (Thomson Gale, 2009)
  • Health Law Stories, contributing author (Aspen Publishers 2009)
  • Reproductive Technologies and the Law (LexisNexis, 2006)
  • Teacher’s Manual for Reproductive Technologies and the Law (LexisNexis 2006)

Articles

  • Multi-Party Parenting in Genetics and Law: A View From Succession, __ Fam. L. Quar. __ (forthcoming 2015)
  • Distinctions in Disclosure: Mandated Informed Consent in Abortion and ART, __ J. Law, Med. & Ethics __ (forthcoming 2015)
  • The Outdated Pregnancy: Rethinking Traditional Markers in Reproduction, 35(4) J. Legal Med. 505 (2014)
  • Physician Duties in the Face of Deceitful Gamete Donors, Disobedient Surrogate Mothers, and Divorcing Parents, 16 Virtual Mentor 43 (2014).
  • Federalizing Embryo Transfers: Taming the Wild West of Reproductive Medicine? Columbia J. Gender & L. (2012)
  • One Small Step for Genetics, One Giant Leap for Genocide?, Rutgers L. J. (2012)
  • The Case for a Parental Duty to Use Preimplantation Genetic Diagnosis for Medical Benefit (with Janet Malek), Am. J. Bioethics (2012).
  • Is There Life After Death?: The Rise of the High Tech Family, 54 Orange Co. Lawyer 16 (2012)
  • Harmony and Compensation for Oocyte Providers (with Frances Batzer), 11 Am. J. of Bioethics 39 (2011).
  • ART Through the Ages: The Pioneers’ Perspective on Reproductive Medicine, 54(1) Perspectives in Biology & Medicine 115 (2011) (reviewing Susan L. Crockin & Howard W. Jones, Legal Conceptions: The Evolving Law And Policy of Assisted Reproductive Technologies (2010)).
  • In Memoriam: A Dedication to George Onyango, 31 Whittier L. Rev. 377 (2010).
  • Genetic Screening of Sperm and Oocyte Donors: Ethical and Policy Implications (with Robert Brzyski), 302 J. Am. Med. Ass’n 1702 (2009); Letter and Reply published at J. Am. Med. Ass’n (2010).
  • Embryonic Genetics, 2 St. Louis U. Journal Health Law & Policy 81 (2009).
  • Accessing Reproductive Technologies: Invisible Barriers, Indelible Harms, 23 Berk. J. Gender, Law & Justice 18 (2008).
  • Decoding the Stem Cell Debate: A Primer Par Excellence (Book Review), 36 J. Law, Med. & Ethics 184 (2008).
  • Dreaming in Chromosomes (Book Review), 48 Technology and Culture 20 (2006).
  • The Case for a Genetic Bill of Rights (Book Review), American Journal of Bioethics (2006).
  • HIV and Fertility Care: Embarking on a Path of Knowledge and Access (with Eric Daar), 85 Fertility & Sterility 298 (2006).
  • Current Controversies in Reproductive Medicine, Commissioned Paper by the Institute on Biotechnology & the Human Future (2006).
  • ART and the Search for Perfectionism: On Selecting Gender, Genes and Gametes, 9 Iowa J. Gender, Race & Justice 241(2005).
  • State Law Regulation of Reproductive Technologies: A Study of Comity and Contrast Commissioned Paper by the Institute on Biotechnology & the Human Future (2005).
  • The Prospect of Human Cloning: Improving Nature or Dooming the Species? 33 Seton Hall Law Review 511 (2003).
  • Book Review of The Supreme Court in the Intimate Lives of Americans: Birth, Sex, Marriage, Childbearing, and Death, by Howard Ball (NYU Press 2002), Trial Magazine (Feb. 2003).
  • Disclosure Dilemmas In Genetic Research: Balancing Harms, Harmony and Humanity, 24 Whittier L. Rev. 454 (2003).
  • Regulating the Fiction of Informed Consent in ART Medicine, 1(4) American Journal of Bioethics 19 (2001).
  • Frozen Embryo Disputes Revisited: A Trilogy of Procreation Avoidance Approaches, 29(2) Journal of Law, Medicine & Ethics 197 (2001)
  • Preconception Sex Selection: Sliding the Slope Toward Human Cloning, 1(1) American Journal of Bioethics 23 (2001).
  • Assisted Reproductive Technologies and the Pregnancy Process: Developing an Equality Model to Protect Reproductive Liberties, 25 American Journal of Law And Medicine 454 (1999).
  • Resolving Disputes Over Frozen Embryos, 8 Tex. J. of Women and the Law 285 (1999).
  • The Future of Human Cloning: Prescient Lessons From Medical Ethics Past, 8 So. Cal. Interdisciplinary L.J. 167 (1998).
  • Telemedicine: Legal and Practical Implications, 19 Whittier L. Rev. 3 (1997).
  • Regulating Reproductive Technologies: Panacea or Paper Tiger?, 34 Hous. L. Rev. 609 (1997).
  • Direct Democracy and Bioethical Choices: Voting Life and Death at the Ballot Box, 28 Mich. J. L. Ref. 799 (1995).
  • Medical Futility and Implications for Physician Autonomy, 21 Am. J. L. & Med. 221 (1995).
  • Informed Consent: Defining Limits Through Therapeutic Parameters, 4 Bioethics Bull. 1 (1995); 16 Whit. L. Rev. 189 (1995); cited by the court in Whiteside v. Lukson, 947 P.2d 1263 (1997).
  • A Clash at the Bedside: Patient Autonomy v. A Physician’s Professional Conscience, 44 Hastings Law J. 1241 (1993).
  • Selective Reduction of Multiple Pregnancy: Lifeboat Ethics in the Womb, 25 U.C. Davis L. Rev. 773 (1992).

Editorials and Commentaries and other Publications

  • Cases Urge Caution Using Known Donors, L.A. Daily Journal, May 20, 2014
  • Three Genetic Parents – For One Healthy Baby, (with Erez Aloni) LA Times, Mar. 21, 2014
  • Slalom Custody Battle Upends Family Law, (with Deborah Forman), L.A. Daily Journal, Feb. 21, 2014
  • Pending Sperm Donor Bill Threatens to Undo Family Ties, L.A. Daily Journal, Jul. 10, 2013
  • Is Sperm Donor Ever a Dad?, Blog Post, Harvard Bill of Health, Jul 9, 2013
  • Five Signs Your Surrogacy Agreement Has Gone Awry, Harvard Bill of Health, Mar. 6, 2013
  • Who Chooses? Allocating Abortion Rights During Surrogacy, L.A. Daily Journal, Mar. 3, 2013
  • Sperm Donation As Risky Business, L.A. Daily Journal, Jan. 16, 2013
  • Who Chooses? Allocating Abortion Rights During Surrogacy, L.A. DAILY JOURNAL, Mar. 13, 2013
  • Three’s a Crowd, L.A. DAILY JOURNAL, Oct. 11, 2012
  • Is There Life After Death? Let the Supreme Court Decide, L.A. Daily Journal, Jan. 11, 2012
  • Another Scandal for Reproductive Law: Is it time to Stop the Commercial Baby-Market?, L.A. Daily Journal, Aug. 15, 2011
  • Civic Health is on the Decline, Daily Breeze, Sept. 14, 2009
  • Death of Aging Mother Raises More Questions About IVF Rules, L.A. Daily Journal, July 29, 2009
  • Octuplets Deliver Opportunity to Rethink U.S. Health Policy, L.A. Daily Journal, Feb. 4, 2009
  • Selling Eggs Isn’t Selling Our Souls (with Russell Korobkin), L.A. Times, Aug. 30, 2006
  • Church’s Civil Disobedience Is Not Aimed at Justice for All, L.A. Daily Journal, Mar. 28, 2006
  • Court Rightly Limit Executive’s Medical Powers, L.A. Daily Journal, Jan. 20, 2006
  • Don’t Outlaw Gender Selection, L.A. Daily Journal, Nov. 8, 2005
  • On “First Monday,” Looming Matters of Life and Death, L.A. Daily Journal, Oct. 3, 2005
  • Patients Need Range of Choices in the Face of Pain and Suffering (with Erwin Chemerinsky), Daily News of L.A., April 8, 2005
  • Legal System Stands Strong, Avoids Constitutional Crisis, L.A. Daily Journal, Mar. 25, 2005
  • Oregon’s Right to Decide (with Erwin Chemerinsky), Raleigh News & Observer, Mar 4, 2005
  • GOP Congress Has Stem-Cell Initiative In Its Sites, L.A. Daily Journal, Nov. 9, 2004.
  • The Reel Story of Human Cloning: Drama Gone Wild, posted on April 2, 2004 at http://www.picturingjustice.com
  • Tragic State: In Florida, Woman’s Life, Death Turn Into Political Game, L.A. Daily Journal, Oct. 29, 2003.
  • Vaccine Program Against Smallpox Threatens Loss of Medical Privacy for Americans, L.A. Daily Journal, Jan 31, 2003, at 6.
  • We Can Tackle Cloning Responsibly, L.A. Times (Orange County edition), June 2, 2002, at B19.
  • Setting the Stage for Future Medicine, L.A. Daily Journal, Jan. 10, 2002, at 6.
  • Terrorists Lack Influences of Women, L.A. Times (Orange County edition), Nov. 18, 2001, at B21.
  • Terrorizing Terminally Ill Patients, L.A. Daily Journal, Nov. 15, 2001, at 6.
  • Public’s Fear of Cloning Echoes Past Cries Against Technology, L.A. Daily Journal, August 17, 2001.
  • Helping People Die With Dignity, L.A. Daily Journal, May 17, 2001, at 6.
  • Bush Indeed Breaches Church-State Wall, L.A.Times (Orange County edition), Feb. 11, 2001, at B15; also printed as Faith’s White House Foothold, L.A. Daily Journal , Feb. 12, 2001, at 6.
  • Lifeboat Ethics In The Nursery, L.A. Daily Journal, October 16, 2000, at 6.
  • Physical Beauty Is Only Egg Deep, L.A. Times, Oct. 28, 1999, at A11.
  • Contract Does Not Override A Woman’s Right to Use Fertilized Eggs, L.A. Daily Journal, May 22, 1998, at 6; also printed in Orange County Reporter, June 29, 1998 at 8.

Quotes/Appearances in the News Media

  • Interviewed by CNN (July 12)
  • Quoted in abcnews.go.com (July 12)
  • Quoted in Coastline Pilot (June 28)

March 2015

Harvard Medical School
Keynote Address for Symposium on Family Matters in Medicine
“The Economics, Ethics and Government Regulation of Family Planning”

Closing Lecture
“Shared Decision-Making: Rhetoric or Reality?

October 2014

American Society for Reproductive Medicine
Post-Graduate Course, Annual Meeting, Honolulu, Hawaii
“Informed Consent in Third party Reproductive Medicine”

August 2014

Society for Reproductive Endocrinologists
Annual Fellows Retreat. Park City, Utah
“Legal and Ethical Minefields in Reproductive Medicine”

June 2014

UC Hastings College of the Law
Annual Health Law Professors Conference
“Bioethics Update”

April 2014

Yale Law School
Workshop on Intersection in Reproduction
Co-organizer and commentator on Disclosures in ART & Abortion

April 2014

Cleveland Clinic
Ethical Dilemmas in the Practice of Ob/Gyn & Reproductive Medicine
“Building Families Through ART”

April 2014

Southern Illinois University Schools of Law & Medicine
2014 John & Marsha Ryan Bioethicist-in-Residence
“Bedside Dilemmas in Reproductive Medicine”

February 2014

Academy of Matrimonial Attorneys
Symposium on Dilemmas in Family Law
“Understanding California’s New Three-Parent Law”

October 2013

American Society for Reproductive Medicine
Post-Graduate Course, Annual Meeting, Boston, MA
“Cross-Border Reproductive Care: Legal and Ethical Challenges”

August 2013

Society of Reproductive Endocrinologists and Infertility Fellows
Annual Fellows Retreat, Park City
“Legal and Ethical Minefields in Reproductive Medicine”

June 2013

University of Minnesota School of Law
Symposium on Law & Policy of Reproductive Technologies
“Addressing Duties and Harms to ART Offspring”

June 2013

Seton Hall School of Law
Annual Health Law Professors Conference
“Bioethics Update”

May 2013

University of Michigan Rackham Graduate School
Reproductive Justice Conference
“Reproductive Justice and the New Eugenics”

April 2013

Kaiser Permanente Medical Systems
LGBT Health Forum
“Family Formation Through Reproductive Technologies”

March 2013

European Society of Human Reproduction and Embryology/ASRM
Joint Congress
“The Law and Ethics of PGD for Sex Selection”

February 2013

Thomas Jefferson School of Law
Faculty Colloquium
“The New Eugenics”

2008 – Present Coach, Palos Verdes Peninsula High School Mock Trial Team
2013 – Present Advisory Board Member, LA HIV Law and Policy Project
1992 – Present Volunteer Attorney, HIV and AIDS Legal Services Project

2015 – Present Peer Reviewer, New England Journal of Medicine

2014 – Present Chair, American Society for Reproductive Medicine Ethics Committee (Member since 2008)

2014 – Present Editorial Board Member Journal of Law and the Biosciences

2014 – Present Member, American College of Obstetricians and Gynecologists (Liaison from ASRM)

2013 – Present Liaison to ABA Special Committee on Bioethics And Law

2012 – Present Elected Member, American Law Institute

2012 – Present Co-Chair, ABA Real Property, Trusts and Estate Law Bioethics Committee

2011 – Present Vice-Chair, American Bar Association Real Property, Trusts & Estates Bioethics Committee

2008- 2010 President, American Society of Law, Medicine & Ethics

2009 Appointed Member, AALS Committee on Clinical Education

2008 – Present Member, American Society for Reproductive Medicine Ethics Committee

2007 – Present Member, Society for Assisted Reproductive Technologies Committee on Informed Consent

2005 – 2006 Chair, AALS Section on Law, Medicine & Health Care, 2003 – Secretary; 2004 – Chair-Elect

2002 – Present Member, University of California Irvine Medical Center Medical Ethics Committee

1999 – 2001 Member, Harbor-UCLA Medical Center Human Subjects Research Committee

1998 – Present Member, Community Advisory Board Legal Aid Society of Orange County Health Care Ombuds Program

1986 – 2005 Chair, Los Angeles County Bar Association Bioethics Committee, Subcommittee on Reproductive Issues

1986 – 2006 Member, Sherman Oaks Hospital and Health Center Biomedical Ethics Committee

1991 – 1995 At-large Member American Bar Association Coordinating Group on Bioethics and the Law

1988 – 1990 Co-Chair, Los Angeles County Bar Association Bioethics Committee (membership ongoing)

1988 – 1990 Chair, Student Conduct Committee UCLA Campus

Teaching Awards

  • 2013 Recipient of the Suheil J. Muasher, M.D. Distinguished Service Award Awarded by the American Society for Reproductive Medicine
  • 2008 Teacher of the Year – Whittier Law School Alumni Association
  • 2002 Teacher of the Year – Whittier Law School, Class of 2008
  • 1992, 1993, 1994, 1995 Marshall at Graduation
  • 1997, 1999, 2000, 2001, Voted by Whittier Law School Student Body 2003, 2004, 2006, 2008