Craig Konnoth

Associate Professor of Law

401 UCB
2450 Kittredge Loop Drive
Wolf Law Building Room 422
Boulder, CO  80309
Office: 422
Phone: (303) 735-6397
E-mail: craig.konnoth@colorado.edu

Curriculum Vitae:  View (PDF format)

Bio:
Professor Konnoth writes in health and civil rights, as well as on health data regulation. His publications have appeared or will appear in the Yale Law Journal, the Stanford Law Review, the Hastings Law Journal, the Penn Law Review, the Iowa Law Review, the online companions to the Penn Law Review & the Washington & Lee Law Review, and as chapters in edited volumes. He is also active in LGBT rights litigation, and has filed briefs in the Supreme Court and the Tenth Circuit on LGBT rights issues. At the University of Colorado, Professor Konnoth teaches Health Law, and runs the Health Law Certificate Program. He also teaches Sexuality and the Law, and Property. Craig is formerly a Deputy Solicitor General with the California Department of Justice, where his docket primarily involved cases before the United States Supreme Court, and also before the California Supreme Court and the Ninth Circuit Court of Appeals. Cases involved the contraceptive mandate in the Affordable Care Act, Sexual Orientation Change Efforts, Facebook privacy policies, and cellphone searches.

Before arriving at the University of Colorado, Craig was a Sharswood and Rudin Fellow at Penn Law School and NYU Medical School, where he taught health information law, health law, and LGBT health law and bioethics. Before moving into government, Craig was the R. Scott Hitt Fellow in Law & Policy at the Williams Institute at UCLA Law School, where he focused on issues affecting same-sex partners, long term care, and Medicaid coverage issues, and drafted HIV rights legislation. He holds a J.D. from Yale, and an M.Phil. from the University of Cambridge. He clerked for Judge Margaret McKeown of the Ninth Circuit Court of Appeals.


Forthcoming

Preemption through Privatization, 134 HARV. L. REV. (2021).
Medicalization and the New Civil Rights, 72 STAN. L. REV. (2020).

Articles

Drugs' Other Side Effects, 104 IOWA L. REV. 171 (2019).
Ethical Issues in Gender Affirming Care for Youth, 148 PEDIATRICS 213 (2018) (coauthored, peer reviewed)..
Health Information Equity, 164 U. PA. L. REV. 1317 (2017) (Recipient of the 2018 Privacy Papers for Policy Makers Award).
An Expressive Theory of Privacy Intrusions, 102 IOWA L. REV. 1533 (2017) (Reviewed by Latoya Brisbane Clark, "Who Do You Think I Am?" or What it Means When We Lose Our Privacy, Jotwell, 2019).
Revoking Rights, 66 HASTINGS L.J. 1365 (2015). Examines the constitutional values courts seek to protect when they scrutinize rights revocation more closely than a failure to grant rights in the first place..
Note, Created in its Image: The Race Analogy, Gay Identity, and Gay Litigation in the 1950s-1970s,, 119 YALE L.J. 316 - 372 (2009) (2008-2009 Yale Law School Parker Prize recipient).
Botulinum Neurotoxin Type B and Physical Therapy in the Treatment of Piriformis Syndrome: a Dose-Finding Study, 83 AM. J. OF PHY. MED. & REHAB. 42 (2004) (peer reviewed, co-authored).

Essays

Keynote Address: Medical Civil Rights,12 Ethics, Med. & Public Health (forthcoming 2020), -- Response by Pieter A. Carstens, Professor of Medical Law, Director of the Centre for Law and Medicine, University of Praetoria, Commentary on an essay by Konnoth CJ. Medicalization and the new civil rights, 12 Ethics, Med. & Pub. Health (forthcoming, 2020).
Keynote Address: TheProtection of LGBT Youth, 81 PITT. L. REV. 263 (2019).
Privatized Preemption, Administrative & Regulatory Law News (Spring 2020, invited).
Can Electronic Health Records be Saved, Am. J. L. & Med. (forthcoming 2020) (with Gabriel Scheffler).
Regulatory De-Arbitrage in Health Data Regulation, ANNALS OF HEALTH LAW 135 (2020).
Data Collection, EHRs, and Poverty Determinations, 46 J.L. MED. & ETHICS 622 (2018).
Book Note, 33 YALE J. INT'L L. 525 (reviewing DANIEL TERRIS ET AL., THE INTERNATIONAL JUDGE (2007)) (2008).

Online Essays

Constitutional Offsets and Narrow Tailoring the COVID-19 response, Cal. L. Rev. Online (forthcoming 2020).
Intersectionality in the Opioid Crisis: Anti-black Racism and White, Pregnant, Opioid Users, JOTWELL (May 2020).
Classification Standards for Health Information: Ethical and Practical Approaches, 72 WASH. & LEE L. REV. ONLINE 395 (2016).
Spelling Out Spokeo, 165 U. PA. L. REV. ONLINE 47 (2016) (with Seth Kreimer).
Confusion over HIPAA Causes Grief in Orlando, The Health Care Blog (2016) (with Arthur Caplan).
The Orlando Shootings and Homophobia in Healthcare, The Health Care Blog (2016).

Books and Book Chapters

The Normative Bases of Medical Civil Rights, BEYOND DISADVANTAGE: DISABILITY, LAW, AND BIOETHICS (Glenn Cohen et al, eds., (Cambridge Univ. Press, expected publication 2020).
Rewritten Opinion, Smith v. Rasmussen, FEMINIST JUDGMENTS: REWRITTEN HEALTH LAW OPINIONS (Seema Mohapatra and Lindsay F. Wiley, eds. (Cambridge Univ. Press, expected publication 2020)).
Transparency versus Informed Consent: The Patient/Consumer Paradigms, TRANSPARENCY IN HEALTH AND HEALTH CARE (Barbara Evans et al, eds., Cambridge Univ. Press, forthcoming 2019).
Religion and Psychiatry in the Sexual Orientation Change Therapy Cases, LAW, RELIGION, AND HEALTH IN THE UNITED STATES (Glenn Cohen et al, eds., Cambridge Univ. Press, 2017).

Popular Press

Governor Jared Polis has Done the Right Thing by Issuing an Eviction Moratorium, Denver Post, May 5, 2020.
No Matter how the Masterpiece Cakeshop Case is Decided, Gay Rights Win, The Washington Post (Dec. 6, 2017).
The Constitutionality of a Special Health Care Deal For Alaska, Huffington Post, Sep. 22, 2017.
Colbert May Support Gay Rights, but that Doesn't Mean He Gets to Make Gay Jokes, Washington Post, May 3, 2017.
Outcome of Attorney General's Race May Affect Gay Marriage Case, Sacramento Bee, Nov. 9, 2010 at A13.

Litigated Pro Bono

Counsel of Record, Brief amici curiae of Constitutional and Civil Rights Professors in Support of Appellees, 303 Creative LLC v. Elenis (10th Cir. 2020) (filed at request of ACLU).
Counsel of Record, Brief amici curiae of Law & History Professors in Support of Respondents, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, (United States Supreme Court 2019).
Counsel of Record, Brief of Amici Curiae Colorado Organizations and Respondents in Support of Respondents, Masterpiece Cakeshop v. Colorado Civil Rights Commission (United States Supreme Court 2017).

Other Publications

Panel Discussion, How to Become a Full-Time Law Professor, National People of Color Conference 2019, J. OF LEGAL EDUCATION (forthcoming 2020) (with co-panelists).
Primary Co-Drafter, Hobby Lobby v. Burwell, Brief of Amici Curiae, California et al (U.S. Supreme Court, 2013).
Counsel, Riley v. California, Brief of Respondent, (U.S. Supreme Court, 2013).
Primary Co-drafter, Northwest Inc. v. Ginsberg, Brief Amici Curiae of California et al (U.S. Supreme Court, 2012).
Primary Drafter, Nat'l Assn. of Optometrists & Opticians v. Harris, Brief of Respondent in Opposition to Certiorari (U.S. Supreme Court, 2012).

Policy Briefs

Comment on the Confidentiality of Substance Use Disorder Patient Records, (81 Federal Register 6987, Docket ID number SAMHSA-4162-20) (2016) (arguing for alignment between these protections and HIPAA rules).
Extending Medicaid Long-Term Care Impoverishment Protections to Same-Sex Couples, (2012) (with Jennifer Pizer, Christy Mallory & Brad Sears) (report to SAGE (Services and Advocacy for GLBT Elders)).
Testimony of the Demographic Characteristics of Gay, Lesbian and Bisexual Latinos and Latinos in Seme-Sex Couples, (2011) (testimony to the American Bar Association Commission on Hispanic Rights & Responsibilities).
Non-Citizen, Binational and Naturalized Same-Sex Couples in the United States, (2011) (primary author, with Gary Gates) (report to Immigration Equality).
Spending on Weddings of Same-Sex Couples in the United States, (2011) (primary author, with Lee Badgett & Brad Sears) (report).
The Impact on Rhode Island's Budget of Allowing Same-Sex Couples to Marry, (2011) (primary author, with Jody Herman and Lee Badgett) (report requested by Rhode Island legislators).
The Fiscal Impact of Creating Civil Unions on Colorado's Budget, (2011) (with Jody Herman and Lee Badgett) (report requested by Colorado legislators).
The Fiscal Impact of Creating Civil Unions on Delaware's Budget, (2011) (with Jody Herman and Lee Badgett) (report requested by Delaware legislators).

Presentations and Speeches

Co-convenor, International Association of Law & Mental Health Preconference, Lyons (2021).
Co-Convenor, Health Information Technology and the 21st Century Cures Act, Silicon Flatirons Center, University of Colorado Law School (with Polisnelli) (2020).
LGBT Health Inequity, Healing Hate: A Public Health Perspective on Civil Rights in America, University of Virginia Law School, Charlottesville, Jan. 2020.
Co-Convenor, Supporting Data-Driven Health Care Innovation: The Problems and Promise of Networked Health Care, Silicon Flatirons Center, University of Colorado Law School (with Polisnelli) (April 4th, 2019).
Brooklyn Law School Faculty Workshop, November, 2019.
Supreme Court Preview OT 2019, American Constitution Society Western Regional Convention, Denver, Oct. 2019.
Cornell Law School Faculty Workshop, October 2019.
International Association of Law & Mental Health Keynote, Rome, July 2019 (invited).
University of Utah School of Law Health Law Colloquium, Jan. 2019 (invited).
Third-party Data Access and Genomic Databases, N.Y. Acad. of Sciences, New York, NY, Oct. 2018.
Harvard Law School Health Law Colloquium, Nov. 2018 (invited).
Culp Colloquium, Stanford Law School, June 2018.
Keynote presentation, University of Pittsburgh School of Law, Oct. 2018 (invited).
Petrie Flom Annual Conference, Harvard Law School, Cambridge, June 2018 (from open call).
United States Senate Building Presentation on Health Data Regulation, Washington D.C., Feb. 2018.
Culp Colloquium, Duke Law School, May 2017.
BioLawPalooza, Stanford Law School, April 2017.
Petrie Flom Annual Conference, Harvard Law School, Cambridge, May 2017 (from open call).
Patient Privacy Rights panel, Georgetown Law Center, June 2017 (convener, moderator).
Constitutional Privacy & Health Information Exchanges, Health Privacy Summit, Patient Privacy Rights, Georgetown Law Center, Washington D.C., 2016.
Department of Bioethics Faculty Workshop, NYU School of Medicine, New York, 2015.
Bioethics Faculty Workshop, U. Penn. Perelman School of Med., Philadelphia, 2015.
Privacy Law Scholars Conference, UC Berkeley School of Law, Berkeley, 2015.
Petrie Flom Annual Conference, Harvard Law School, Cambridge, 2015 (from open call).
Evidence Based Employer Wellness Programs, Health Privacy Summit, Patient Privacy Rights, Georgetown Law Center, 2015 (opening plenary panel).
Developing a Test for Extraterritorial Jurisdiction under the European Convention of Human Rights, Yale Journal of International Law Work in Progress Series, Yale Law School, New Haven, 2009.

Selected Press, Media & Publicity

Northern Colo Sheriff Won't Enforce Polis' Moratorium on Evictions | Colorado Times Recorder | Friday, May 8, 2020
Polis Loosens Provider Restrictions to Expand Health Care Workforce | Law Week Colorado | Tuesday, April 28, 2020
Over 1,600 Complaints Related to COVID-19 Health Order Filed in El Paso County | KRDO | Tuesday, April 7, 2020
Is Government Response to Health Crisis Causing Irreversible Damage to Civil Liberties? | The Durango Herald | Monday, April 6, 2020
Health Insurance Premiums Stable as Open Enrollment Approaches | Channel 9 News | Tuesday, October 16, 2018
Cathy Cunninghm, Help Squad: Health Insurers and Other corporations Analyze our Plentiful Personal Data, then Devise Ways to Profit from Findings | Chicago Tribune | Wednesday, August 29, 2018
Podcast: Cake Case Leaves Gay Rights Questions Unanswered | CQ on Congress, Episode 106 (audio) | Friday, June 8, 2018
In Masterpiece Cake, Anthony Kennedy Uses Liberal Contempt For Bigotry To Authorize Bigotry | The Above the Law Blog | Friday, June 8, 2018
Madeline St. Amour, Out Boulder County hostinRally Tonight in Wake Masterpiece Cakeshop Ruling | Times Call | Monday, June 4, 2018
How Does the Supreme Court Ruling Impact Colorado Businesses? 'Status Quo,' Legal Experts Say | The Denver Business Journal | Monday, June 4, 2018
Verify: Is the SCOTUS Ruling a Win for the Cake Shop Baker or Gay Rights? | 9News.com | Monday, June 4, 2018
Andrea Strong, Just Let them Eat ake | Eater.com | Tuesday, May 15, 2018
Lindsey Washington, The Big Debate on Privacy in Big Data | The Diplomatic Courier | Monday, April 30, 2018
Interview in Richie Bernardo, 208's Healthiest & Unhealthiest Cities in America | WalletHub.com | Monday, February 12, 2018
Guest, SiriusXM channel 111, Knowledge@Wharto (discussing HIPAA rules). | | Tuesday, June 21, 2016
Jacqueline Howard, No, HIPAA was not Waived in Orndo | CNN.com | Tuesday, June 14, 2016
Nicole Rubin, Pa. Governor Issues Executive Order Protecting LGBTQ Rights | The Daily Pennsylvanian | Thursday, April 14, 2016

Courses:

Spring 2021 Property LAWS 5624-803
Fall 2020 Health Law and Policy: Access, Cost, Quality, Choice LAWS 7425-801
Fall 2020 Seminar: Sexuality, Gender Identity, and Law Seminar LAWS 8665-801
Spring 2020 Property LAWS 5624-804
Fall 2019 Health Law and Policy: Access, Cost, Quality, Choice LAWS 7425-801
Fall 2019 Seminar: Sexuality, Gender Identity, and Law Seminar LAWS 8665-801
Spring 2019 Property LAWS 5624-803
Fall 2018 Health Law and Policy: Access, Cost, Quality, Choice LAWS 7425-801
Fall 2018 Health Law and Policy: Access, Cost, Quality, Choice LAWS 7425-902
Fall 2018 Sexuality and the Law LAWS 7505-801
Spring 2018 Property LAWS 5624-801
Fall 2017 Sexuality and the Law LAWS 7505-001